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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of July 23, 2018 No. 337

About approval of separate acts in the field of use of auxiliary reproductive technologies

For the purpose of implementation of articles 18-21 of the Law of the Kyrgyz Republic "About the reproductive rights of citizens and guarantees of their realization", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Procedure and conditions of use of method of surrogacy according to appendix 1;

- Procedure and conditions of donorship of sex cells, and also storages and conditions of use of sex cells according to appendix 2;

- Procedure for performing artificial insemination according to appendix 3;

- The list of medical indications for carrying out reduction according to appendix 4.

2. This Resolution becomes effective after ten days from the date of official publication.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix 1

Approved by the Order of the Government of the Kyrgyz Republic of July 23, 2018 No. 337

Procedure and conditions of use of method of surrogacy

Chapter 1. General provisions

1. This Procedure and conditions of use of method of surrogacy regulates procedure and conditions of use of method of surrogacy for incubation of the child.

2. Surrogacy represents incubation and the child's birth (including premature births) under the agreement of surrogacy signed between substitute mother (the woman bearing fruit after transfer of donor embryo) and potential parents whose sex cells were used for fertilization, or the lonely woman for which incubation and the birth of the child is impossible on medical indications.

3. The woman aged from 20 up to 40 years, having at least one biological child and the medical certificate about satisfactory condition of health, mentally and somatic healthy, undergone medicogenetic consultation can be substitute mother.

Chapter 2. Procedure and conditions of use of method of surrogacy

4. Citizens on medical indications have the right to roditelstvo with use of method of surrogacy.

Use of method of surrogacy is possible only based on notarially certified agreement of surrogacy (further - the agreement). If substitute mother consists in the marriage union, the written consent of the spouse to the conclusion of the agreement is necessary. The agreement is signed between the spouses or persons representing their interests and the woman (substitute mother) who agreed to implantation of embryo for the purpose of incubation of fruit and the child's birth irrespective of the term of its birth. Substitute mother cannot be at the same time the donor of ovum.

5. Substitute mother shall get up on medical accounting on early duration of gestation (up to 12 weeks), to be observed regularly and to strictly implement recommendations of the doctor, to watch constantly condition of the health, to abstain from smoking, the use of drugs, psychotropic substances and alcohol, in case of separate accommodation from spouses - to inform them on the course of pregnancy.

6. The spouses who agreed to implantation of embryo of substitute mother incur the material expenses connected with its improvement during pregnancy, childbirth and the postnatal period according to the agreement.

7. The persons who are married among themselves and signed the contract for implantation of embryo to other woman for the purpose of its incubation in case of the birth of the child register his parents in the register.

8. The spouses who signed the contract with the substitute mother having no right to refuse the child until its registration for the name in the register.

9. In case of the birth of the dead child or refusal of the child of persons which signed the contract with substitute mother they have no right to demand from substitute mother of compensation of any material costs connected with payment of medical services of substitute mother and also the amount of remuneration in the presence of that.

10. Medical indications to use of surrogacy are:

- lack of uterus (inborn or acquired);

- deformation of cavity or neck of uterus in case of inborn malformations or as a result of disease;

- endometria pathology (synechias, obliteration of cavity of the uterus, endometria atrophy);

- abortive repeated attempts of extracorporal fertilization (more than 3) in case of numerous obtaining embryos of high quality which transfer does not lead to pregnancy approach;

- usual not incubation of pregnancy (more than 3 spontaneous abortions in the anamnesis).

11. In case of surrogacy program implementation carrying out the basic program of extracorporal fertilization consists of the following stages:

- synchronization of menstrual cycles of genetic mother and substitute mother;

- stimulation of superovulation of genetic mother;

- receipt of oocytes of genetic mother;

- insemination of oocytes of genetic mother specially prepared sperm of the husband (partner) or donor;

- cultivation of embryos;

- transfer of embryos in cavity of the uterus of substitute mother (it is necessary to transfer no more than 2 embryos, the decision on transfer of 3 embryos is made by substitute mother by means of giving the written informed voluntary consent after provision of the complete information by the attending physician).

Appendix 2

Approved by the Order of the Government of the Kyrgyz Republic of July 23, 2018 No. 337

Procedure and conditions of donorship, and also storage and condition of use of sex cells

Chapter 1. General provisions

1. This Procedure and conditions of donorship, and also storage and condition of use of sex cells (further - the Procedure) regulates questions of storage of sex cells and biomaterials, and also procedure and conditions of donorship and use of sex cells.

2. In this Procedure the following concepts are used:

- biomaterial (biological material) - any tissues of the living being, such as hair, skin, blood, sex cells;

- cryopreservation - low-temperature storage of live biological objects with possibility of recovery of their biological functions after defrosting;

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