ОСИГУРАЊЕ ОД РИЗИКА НЕУСПЕХА ПОСТУПКА ВАНТЕЛЕСНЕ ОПЛОДЊЕ
MONEY-BACK GUARANTEES FOR IN VITRO FERTILIZATION

Summary/Abstract: In comparative law there are specific private law instruments for financing costs of the fertility treatments (IVF). One of innovative tools for financing in the field of reproductive medicine, which is unparalleled in other areas of medicine, is the IVF refund programme in which the fee, partially or in whole, is returned after certain number of unsuccessful treatments. This tool for financing, widely known as “money-back guarantees for IVF” represents the creation of autonomous law. Refund programmes have been used in USA since the beginning of 1990's and exist parallel with the private health insurance. In last decade, this tool for financing costs of the fertility treatments was introduced in practice of some funds and fertility clinics in Europe. This paper provides analysis of legal and ethical aspects of those financial arrangements. As a conclusion, authors emphasize the need for the setting up of a state fund for in vitro fertilization operating on economic principles of the financial insurance policy against IVF failure.

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