Legal vacuum: there is no law on the status of embryos in Ukraine
The Central District Court of Dnipro made an unusual decision, dividing six frozen embryos equally between widow Anastasia Kuzmenko and the parents of her deceased husband, Alexander. This precedent highlighted a serious gap in Ukrainian legislation, where embryos lack a clear legal status. Anastasia is currently considering an appeal, which she has been fighting for two and a half years.
History of the conflict and the positions of the parties
Anastasia and Alexander Kuzmenko went to a reproductive clinic where six embryos were frozen. After the illness and death of her husband, a dispute over rights to them arose. Alexander's parents expressed their intention to pursue surrogacy and even found three clinics willing to help them. Their lawyer Pavel Gezy also claims that there is a receipt in the notary registry where Anastasia demanded to transfer the apartment to her. The woman herself denies the accusations of blackmail, stating:
“I did not blackmail them, I threatened them in no way. I don’t know how to comment on this, honestly.”
During the proceedings, the issue of the genetic origin of the embryos was raised. Geneticist Nikolai Veropotvelyan noted that 'it is commonly believed that approximately 45% is paternal origin and 55% is maternal'. The parents' lawyer Pavel Gezy expressed doubt about the widow's intentions:
“We have come to believe that Anastasia is actually not planning to give birth.”
Lawyer Vladislav Bobukh believes that the court mistakenly classified the embryos as objects of civil rights that are subject to inheritance. Similar disputes in Russia also face ambiguity in the interpretation of the law, which creates risks for all parties.
Anastasia Kuzmenko expressed concern about the situation in the country: 'It is simply unsafe in Ukraine right now: to go to a clinic for such services. Because any person can come and take your reproductive cells.' Lawyer of the medical center Roman Pogorilyets fears that fulfilling the court's first-instance decision may lead to the clinic losing its license: 'The court's decision effectively obliges us to violate the terms of the contract, to violate licensing conditions.'
The problem has captured the attention of lawmakers. People's deputy Oksana Dmitrieva stated the necessity of regulating this issue, noting that the new Civil Code will clearly define rights to embryos. She emphasized:
- “How can you circumvent the law like this.”
This case vividly illustrates how urgent the question of legal regulation of assisted reproductive technologies is in post-Soviet countries. The current situation highlights the insufficiency of clear legislative norms in Ukraine, leading to severe legal disputes in delicate matters of reproduction. The resolution of this problem is important not only for the participants of this case but for everyone facing similar technologies. The issue requires urgent legislative regulation to avoid such conflicts in the future.