Key laws and policies
- Law on Infertility Treatment with Assisted Reproductive Technologies (published in the “Official Gazette of Montenegro,” no. 74/2009 from 13.11.2009)
It is forbidden to provide infertility treatment with application of ART procedures to a woman who intends to give the child away after birth, with or without compensation, to a third person (surrogate maternity) (Article 13).
Donated Egg, Sperm, and Embryos
- It is forbidden to use donated egg and donated sperm together (Art. 14).
- It is forbidden to mix sperm of two men (or more).
- It is forbidden to use donated embryos (Art. 15).
Commercial Transactions and Advertising
- Commercial payments for gametes or embryos is forbidden (Art. 16).
- Advertising is also prohibited.
Posthumous Use of Gametes
- Prohibited (Article 33)
Research on Embryos and Associated Practices
- Prohibited (Article 39)
- Found in Articles 50 and 51; provide for fines of 10 to 25 times the average wage.
Permitted and regulated practices
Article 11 - Right to treatment:
- A man and woman who live in marital or extramarital community and who cannot expect to have pregnancy by intercourse, and who cannot get help with other infertility treatment procedures, have the right to infertility treatment.
- Married couples or illegitimate spouses have the right to infertility treatment with ART procedures, and also when a transmission of severe hereditary to a child can be prevented with these procedures.
- A single woman has the right to infertility treatment with consent by the Minister of Health, with previous opinion from the Commission.
Article 12—The above persons must:
- Be adults
- Have legal competence
- Be of an age that enables them to perform parental duties including raising, breeding, and training a child for independent life
- Be in such a psycho-social condition that it can be expected that they shall provide to a child conditions for regular and complete development
Egg and Sperm Donation
- Egg and sperm donation are permitted in the case of risk of hereditary disease.
- Reasonable expenses may be paid to donors.
- Use of donor gametes is limited to 2 families.
PGD and Sex Selection
- PGD and sex selection are permitted only on medical grounds.