LAW OF THE REPUBLIC OF MOLDOVA

of June 15, 2012 No. 138

About reproductive health

The parliament adopts this organic law.

This law recognized, regulates and guarantees the human rights to reproductive health 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.

Chapter I General provisions

Article 1. Subject of the law

This law establishes the legal basis in the field of protection of reproductive health of the population for the purpose of ensuring fundamental human right for health protection and medical care, proceeding from the following tasks:

a) determination of the principles of state policy in the field of protection of reproductive health;

b) establishment of legal guarantees for realization of the sexual reproductive rights of the population;

c) determination of the rights, obligations, powers and responsibility of the legal entities and physical persons performing activities in the field of protection of reproductive health;

d) determination of the legal basis of the auxiliary reproductive technologies consisting in artificial insemination and extracorporal fertilization.

Article 2. Basic concepts

For the purposes of this law the following basic concepts mean:

reproductive health - condition of physical, intellectual and social wellbeing in all that concerns reproductive system, throughout human life. As a result, reproductive health implies safe sexual life, opportunity to bring forth offspring and freedom to decide when as often and whether in general to get posterity; reproductive health includes the right of women and men to information and access to safe, effective, available and acceptable planning methods of family at its sole option, and also the right to access to the corresponding medical services which will provide to the woman safe incubation of pregnancy and safe childbirth;

the reproductive rights - the rights based on recognition of the right of all heterosexual couples and individuals to freely make crucial decision concerning determination of number of children in family, intervals between pregnancies, child-bearing time, and also the right to use of contraception methods, to access to high-quality services in the field of protection of reproductive health, on education and informing in this area;

sexual health - the condition of physical, emotional, intellectual and social wellbeing connected with sexuality; consists not only in absence of any disease, dysfunction or mutilation. Sexual health means positive and respect for sexuality and the sexual relations, and also opportunity to get safe sexual experience without coercion, discrimination and violence;

protection of reproductive health - methods, technologies and services which promote formation, preserving and strengthening of reproductive health by means of the prevention and elimination of violations of reproductive function throughout human life;

contraception - methods and warning facilities of undesirable pregnancy;

planning of family - the types of activity directed to conscious determination of number of children in family, regulation of intervals between pregnancies and the choice of time of child-bearing;

infertility - inability of the woman to become pregnant or men to reproduction of posterity within one year of the regular sexual relations without use of methods of contraception;

auxiliary reproductive technologies (BPT/ART) - all interventions including extracorporal manipulations with oocytes and spermatozoa of the person or embryos for the purpose of reproduction. They include, without being limited to it: extracorporal fertilization (EKO/IVF), transfer of embryo (ET), intratsitoplazmatichesky injection of spermatozoa (ICSI), embryo biopsy, pre-implantation genetic testing (PGT), auxiliary hetching, intra fallopian transfer of gametes (GIFT), intrafallopiyevy transfer of zygote (TIFZ), cryopreservation of gametes and embryos, donorship of sperm, oocytes or embryos, cycles of gestational carriage. BPT/ART do not include artificial insemination with use of sperm of the partner of the woman or donor of sperm;

reproductive cages - all fabrics and cages, held for use for the purpose of auxiliary reproduction;

gametes (gametes) - the reproductive cells of the person bearing sexual chromosomes (spermatozoa at men, ova/oocytes at women);

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