This work is devoted to consideration of civil law relations in the area of assisted reproductive technologies application. It was analysed the domestic and international law regulating the relations arising from application of assisted reproductive technologies and formulated the definition of the concept of relations with application of assisted reproductive technologies. There was determined the subjective composition of the legal relations participants that arise in connection with application of assisted reproductive technologies. The procedure for execution and modification of agreements on application of assisted reproductive technologies has been clarified. The peculiarities of performing of obligations under the agreements on the application of assisted reproductive technologies were identified and characterised. The legal consequences of non-performance and improper performance of the terms of agreement on application of assisted reproductive technologies were determined.
According to the results of consideration of the questions on the theoretical basis of civil law relations that arise in connection with application of assisted reproductive technologies, it has been found that area of assisted reproductive technologies has incomplete, but to a certain extent, legal regulation, and it is a legitimate service that expressed in a contractual form.
The legislative regulation of surrogate maternity relations is not regulated and requires the substantial improvement. Legal relations on application of assiated reproductive technologies are regulated by the provisions of various branches of law, and of course, the basic principles of such regulation are contained in provisions of the Constitution of Ukraine, since the activities associated with application of ART are associated with personal non-property rights such as: the right to life, protection of health, medical care, etc., which are the main ones in the list of personal non-property rights that ensure the natural existence of an individual and is prescribed by the Civil Code of Ukraine.
The application of assisted reproductive technologies is carried out by special medical institutions that have a license for various manipulations in the treatment of infertility with application of assisted reproductive technologies, with regard to adult persons capable of carrying out the indicated manipulations and complying with all conditions under the procedure established by law. Activities on application of assisted reproductive technologies are comprehensive both material and non-material services, as despite the fact that the service under consideration is aimed at satisfying the personal needs of individuals, and although it does not result in a definite thing (commodity), in its classical sense, this service is aimed at a concrete materialised result. The specifics of the medical service on application of ART are manifested in the fact that such service is: payable, carried out exclusively on the basis of the agreement and relatively limited to strictly regulated circle of persons; involves preliminary determination of stages; aimed at obtaining a specific result – the onset of pregnancy; characterised by carrying out manipulations with reproductive cells.
The substance of legal relationships on application of assisted reproductive technologies is influenced by such circumstances as the applied forms, methods of treatment of infertility through application of ART and the legal status of subjects of legal relationship on application of assiated reproductive technologies.
While conducting a research on issues related to the concept, legal nature and types of agreements that arise in connection with application of assisted reproductive technologies, it has been established that an agreement on application of ART is an independent civil law agreement, which should be considered through the prism of the general principles of the agreement on provision of services in general and the agreement on provision of medical services in particular, since this type of agreement may have general features of the service agreement and the special features that characterise the agreements on provision of medical services.
The agreement on application of assisted reproductive technologies must be executed under the general provisions of the procedure for execution of contracts provided for by the Civil Code of Ukraine and does not provide for a special order of execution in the form of an auction, bidding or exchange and is issued on the basis of free expression of will, as the parties to the agreement under consideration agree on their own discretion any terms of the agreement, which do not contradict the law. The procedure for amending the agreement should be assigned to the category of special conditions that the parties agree before entering into the relevant agreement.
