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LAW OF THE REPUBLIC OF MOLDOVA

of May 24, 2001 No. 185-XV

About protection of reproductive health and planning of family

(as amended on 24-05-2018)

The parliament adopts this organic law.

This law recognized, regulates and guarantees the rights of persons to reproduction which are integral part of human rights. Provisions of this law follow from constitutional right on respect and protection of intimate, family and private life and provide non-interference of the state to questions of planning of family.

Establishing certain guarantees from the state in the field of protection of reproductive health of the person, this law is the legislation for free implementation-faced the rights to reproduction and receipt of services in planning of family.

Chapter I General provisions

Article 1. Basic concepts

The concepts used in this law mean:

the rights to reproduction - the rights of person to protection of his reproductive health, free decision making about the child's birth in scrap or out of scrap, and also on the medico-public assistance, including receipt of information and consultations in the field;

reproductive health - physical and mental health, and also social wellbeing of person on all aspects concerning its system of reproduction determining capability of person to child-bearing;

planning of family - acceptance and realization by married couple or person individually (the woman, the man) decisions on the birth or refusal of the birth of children, including on their quantity and intervals between childbirth;

auxiliary technologies for reproduction - complex of the medical measures directed to recovery of reproductive activities of the person;

the voluntary conscious decision - the voluntary consent of person to application of surgical method of contraception or to the removal of gonads stated in writing, this based on the comprehensive and complete information obtained from the attending physician or the doctor who conducted the physical examination signed both by the patient, and the doctor;

fertilization in test tube - method of treatment of infertility in case natural conception is impossible, consisting in merge of gametes in vitro with the subsequent implantation of germ in uterus.

Article 2. Principles of implementation of the rights to reproduction

(1) the Basic principles of implementation of the rights to reproduction are:

a) implementation of these rights according to will and interests of person, without infringement of legitimate rights, interests and freedoms of other persons;

b) providing the guaranteed amount of services in protection of reproductive health and to planning of family, and also quality and availability of these services.

(2) By ensuring implementation by persons of the rights to reproduction the state guarantees observance of rights of man and citizen, and also legality, humanity, confidentiality and the respect for person excluding humiliation of human dignity.

Article 3. Legislation on protection of reproductive health and planning of family

The legislation on protection of reproductive health and planning of family is based on the Constitution of the Republic of Moldova, the Law on health care of N411-XIII of March 28, 1995, the Law of rights of children of N338-XIII of December 15, 1994 and other regulations.

Article 4. Coverage of this law

(1) Operation of this law extends to the citizens of the Republic of Moldova, persons without citizenship and persons having the residence permit in the Republic of Moldova.

(2) all legal entities and physical persons which activities are connected with ensuring implementation of the rights to reproduction in the territory of the Republic of Moldova fall Under operation of this law.

Chapter II of the Right to reproduction and guarantee of their implementation

Article 5. The right to free decision making concerning reproduction

(1) Person has the right to free decision making concerning the number of children and time of their birth in scrap or out of it.

(2) the State guarantees the non-interference to implementation by person of the right to free decision making concerning reproduction.

Article 6. The right to information about reproductive health and planning of family

Person has the right to complete and reliable information about reproductive health and planning of family which is provided by the public and non-state medical institutions having the license for implementation of such activities within their competence.

Article 7. Right to services in protection of reproductive health and to planning of family

(1) Person has the right to services in protection of reproductive health and to planning of family.

(2) Services in protection of reproductive health and planning of family are provided by the state and non-state bodies of health care, education and social security according to the procedure, established by the current legislation.

Article 8. Right of minors to protection of reproductive health and sex education

(1) Minors have the right to protection of the reproductive health and sex education.

(2) Sex education of minors and preparation them to family life are performed by persons with vocational education together with family and educational institutions according to specially developed programs taking into account age, sex, psychological features of minors and wishes of their parents.

(3) Development of programs of sex education, protection of reproductive health and training of minors for family life is provided with the Ministry of Education, culture and researches in cooperation with the Ministry of Health, work and social protection.

(4) Organa of local public authority necessary conditions for provision provide to minors of services in protection of reproductive health and sex education.

Article 9. Right to donorship of gametes

(1) Men and women aged up to 35 years, somatic and mentally healthy, have the right to be donors of gametes (spermatozoa and ova) after the corresponding medico-genetic inspections.

(2) anonymity is provided to Persons who are donors of gametes.

(3) Responsibility for preserving and use of gametes is assigned to the state.

(4) Activities for preserving and use of gametes cannot be source of receipt of the income.

(5) the gonads Removed in the course of surgery or their part can be kept and used only if the patient was informed on it and agreed to preserving and use according to the procedure, established by the law.

(6) It is forbidden to use gametes and germs for the purpose of cloning of the person.

Article 10. The right to artificial insemination and to fertilization in test tube

(1) Women have the right to artificial insemination and to fertilization in test tube.

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