Key laws and policies
- The Act on treating infertility by biomedically assisted fertilization was enacted in 2009 (Official Journal of Republic of Serbia 72/2009).
- There are also certain provisions in Family Act 2005 that are relevant to legal parenthood in the case of assisted reproduction.
- Surrogacy is expressly prohibited by Article 56, Part 1/25 of the Act on treating infertility by biomedically assisted fertilization.
- Sanction is imprisonment from 3 to 10 years (Article 73).
(Some draft laws have been proposed to allow surrogacy in limited situations, perhaps among relatives; however, they have not been passed.)
Permitted and regulated practices
Conditions for treatment for infertility:
- Adult and legally capable men and women who live together in accordance with the law governing family relationships (spouses or common-law partners)
- Must be able to perform parental duties evaluated by age and general health and psycho-social condition
- Best interest of the child is important.
- Cohabitation must exist prior to the moment of implantation of sex cells.
- Single women may be treated with consent of the Minister of Health and the Minister of Family Affairs.
(Article 26 Act on treating infertility by biomedically assisted fertilization)
Donor Gametes and Embryos
- Donor egg/sperm may only be used when the intended parents’ gametes are unlikely to result in pregnancy.
- Donor sperm may only be used to create children for one family.
- A child conceived via ART, using reproductive cells of a donor, does not have the right to know his/her genetic origin. However, when she/he reaches 18 years of age, the child is entitled to receive relevant health information relating to the gamete donor for medical reasons, and in exceptional cases when she/he reaches 16 years and has acquired legal capacity.