You have the right to conceive a child artificially, if it is very difficult or impossible to conceive a child naturally. This right is protected by the human right to a private and family life.
Artificial reproduction & Private life
Artificial reproduction is the medically assisted artificial fusion of sperm and ovum (gametes) of a donor, or genetic parents, if it is very difficult or impossible to conceive a child naturally. The artificial reproduction procedure in Moldova will be financed by the State if you fulfil certain requirements. Artificial reproduction is regulated by the Reproductive health law. Artificial reproduction is also regulated by the Law on the protection of reproductive health and family planning, as well as the Unique program of the mandatory health care insurance.
Your right to conceive a child through the artificial reproduction process is protected by the human right to a private and family life. However, work with human gamete is linked with certain legal and ethical issues, therefore the exercise of this right may be subject to certain conditions and restrictions. You do not have the right to request a specific method of artificial reproduction which is not approved by the State.
Conditions & Restrictions
The artificial reproduction procedure in Moldova may be carried out on the basis of an application by a heterosexual couple or a woman. You may apply for the artificial reproduction procedure in a medical institution of your choice.
There are also certain restrictions of an ethical nature, for example, the artificial reproduction procedure cannot be used for human cloning. The selection of a child’s gender is also not permitted, except where a child of a particular gender might inherit a genetic disease. You can read more about restrictions in the Reproductive health law.
Surrogacy is also not regulated and, thus, not allowed in Moldova, although the registration of the birth of a child born abroad in such a way is provided by the law.
Agreement
You will be required to conclude a specific agreement with a medical institution to undergo an artificial reproduction procedure. The agreement will regulate different aspects of the procedure, for example, the particular method of artificial reproduction and protection of your data.
State financing
The State finances the artificial reproduction procedure in Moldova if you meet certain requirements:
- the procedure carried out by the medical institution is specified by law
- the prospective mother is not older than 45 years if she is fertilized in vitro with her own oocytes, whereas for donated oocytes she is not older than 50 years of age
- you have a valid medical insurance policy
If you do not fulfil these requirements, the State will not finance your artificial reproduction procedure. Similarly, you cannot request a specific artificial reproduction method which is not approved by the State.
Anonymity
Information about a specific case of artificial reproduction and gamete donation is secret if donation is anonymous. If you have used donated gamete for artificial reproduction, your identity cannot be disclosed to the donor. In the same way, you will not be able to find out any information about the gamete donor, which cannot reveal his/her identity if donation is anonymous.
important Both the Law on the protection of reproductive health and family planning, as well as the Reproductive health law explicitly prohibit any request for the determination of a donor’s paternity (maternity) in relation to a child born as a result of artificial reproduction if donation was anonymous.
Data protection
Your personal data will be included and retained by the particular medical institution you have chosen. This information is not publicly available.