Lithuania
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Key laws and policies
- Law on Ethics of Biomedical Research No. VIII-1679 (May 11, 2000)
- Law on Donation and Transplantation of Human Tissues, Cells and Organs (no. I-1626), 1996, http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=314396.
- Order No 248 of 24 May 1999 of the Minister of Health of the Republic of Lithuania.
Foundational values
The Law on Ethics of Biomedical Research states that "Biomedical research must be conducted according to the principle whereby the interests of the human being prevail over the interests of society and science."
Prohibited practices
The Law on Ethics of Biomedical Research prohibits
- Human cloning
- "Invasive" research on human embryos
In addition, Lithuania's ratification of the Council of Europe's Convention on Biomedicine commits it to prohibitions on:
- PGD for social uses
- Research cloning
- Somatic genetic enhancement
- Inheritable genetic modification
EGG, SPERM and EMBRYO DONATION
Donation of gametes and embryos is not permitted (and if used, the donor of the gametes would be considered the legal parent).
COMMERCIAL SURROGACY
The Civil Code of Lithuania prohibits commercial arrangements related to the human body and recognizes an individual as a legal entity rather an object of arrangements.
In Lithuania, the first draft Law on assisted reproduction was registered in 2002 and subsequently in 2003, 2004 and 2010. During this period, the draft laws regulating assisted reproduction submitted by different authors were discussed in the committees of the Seimas of the Republic of Lithuania and in the public; however, no agreement has been reached on the legal regulation of ART yet. The draft Law on assisted reproduction registered and considered in the Seimas of the Republic of Lithuania in 2010 proposed inter alia to provide that civil arrangements where one woman undertakes to conceive, to carry and to give a baby to another person or persons after the birth, thus waiving her maternity rights to a born baby (surrogacy), are null and void.
Permitted and regulated practices
ASSISTED REPRODUCTION
- available only for married couples and they must use their own gametes;
- both must consent, both must have 'full civil active capacity';
- a woman must be an adult under the age of 45 years;
- both spouses must undergo a medical examination proving that pregnancy and childbirth will not pose any threat to the life and health of the woman and an unborn child;
Procedures available: IUI, GIFT, IVF, ICSI, ZIFT.
Private surrogacy arrangements (non-commercial) may occur, but would be very limited. A Court would have to hear reasons, and the issue would be closed. There are no available judgments on the issue.
Regulatory activities
The Law on Ethics of Biomedical Research states that "Biomedical research in Lithuania may be performed only subject to an approval obtained from the Lithuanian Bioethics Committee or the Regional Biomedical Research Ethics Committee."
History
In Lithuania, there have been draft laws on assisted reproduction, (in 2002 and subsequently in 2003, 2004 and 2010). However, no agreement has been reached on the legal further regulation of ART or surrogacy.
External links
- Eugenijus Gefenas and Asta Cekanauskaite, National Regulations on Ethics and Research in Lithuania, European Commission, Brussels (2003)
- Francesco Paolo Busardò, et al. 'The Evolution of Legislation in the Field of Medically Assisted Reproduction and Embryo Stem Cell Research in European Union Members' BioMed Research International, Volume 2014 (2014) http://dx.doi.org/10.1155/2014/307160; http://www.hindawi.com/journals/bmri/2014/307160/ accessed 22 February 2015.
