Comparative Legal Analysis of Legislative Initiatives in the Field of Assisted Reproductive Technologies in Ukraine through the Prism of ECHR Case Law

Abstract

The article provides a concise comparative legal analysis of the governmental draft law No. 13683 and the alternative legislative proposal No. 13683-1, both aimed at creating a coherent regulatory framework for assisted reproductive technologies (ART) in Ukraine. In the context of a deep demographic crisis and the fragmented nature of existing regulation, which largely depends on subordinate legislation, the study substantiates the urgent need for a unified statutory act to eliminate legal uncertainty and ensure proper protection of the rights of patients and children. The research is grounded in the case law of the European Court of Human Rights and emphasizes the evolution of reproductive rights as fourth-generation human rights, linked to personal autonomy, gender equality, and informed decision-making.
The comparative assessment reveals different conceptual approaches underlying the two drafts. The governmental bill is characterized as more progressive in terms of non-discrimination, as it provides access to ART for single individuals and introduces clear ethical safeguards against the commercialization of human embryos. At the same time, the alternative initiative offers more efficient legal and technical mechanisms for birth registration, including the implementation of DNA verification and detailed contractual arrangements, which correspond to the requirement of procedural promptness in recognizing parentage.
The study concludes that both proposals generally comply with ECHR standards concerning genetic ties and respect for donor intent in posthumous reproduction. However, it also highlights potential risks of market monopolization due to high licensing barriers. The author argues for a balanced legislative solution that combines the strengths of both approaches to ensure legal certainty and effective protection of the child’s rights.