Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
29 January 2004 [shall come
into force on 25 February 2004];
22 September 2005 [shall come into force on 26 October
2005];
29 March 2007 [shall come into force on 1 May
2007];
21 June 2018 [shall come into force on 18 July 2018].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Sexual and
Reproductive Health Law
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of this Law is to define legal relations within
the field of sexual and reproductive health with the aim to
protect unborn life and the sexual and reproductive health of
every person.
Section 2. Sexual and Reproductive
Health
Sexual and reproductive health is the physical, mental, and
social wellbeing related to the human sexual and reproductive
system.
Section 3. Sexual and Reproductive
Health Care
Sexual and reproductive health care is a set of measures for
birth assistance, the prevention, diagnosis, treatment, and
observation of sexually transmitted diseases, human
immunodeficiency virus (HIV) infection, AIDS, diseases of
reproductive organs and infertility, and for birth control,
pregnancy termination, and medically assisted insemination
performed by a medical practitioner.
[22 September 2005]
Section 4. Principles of Sexual and
Reproductive Health Care
(1) The priority of sexual and reproductive health care is
birth assistance and also the provision of information on sexual
and reproductive health.
(2) The State shall implement the principles of sexual and
reproductive health care by providing free-of-charge birth
assistance and the possibility to obtain basic knowledge on
sexual and reproductive health promotion and care at medical
treatment and educational institutions.
[22 September 2005]
Section 5. Competence of State and
Local Governments in the Field of Sexual and Reproductive
Health
(1) [22 September 2005]
(2) The Cabinet shall determine the organisational procedures
for pregnancy termination, medically assisted insemination,
restriction of the spread of human immunodeficiency virus (HIV)
and AIDS, and the treatment of persons living with HIV and AIDS
patients.
(3) Procedures for the establishment of infertile families
registers, medically assisted insemination registers, and a joint
gamete donor register, and also for the establishment of gamete
donor banks shall be determined by the Cabinet.
(4) The local government shall provide pregnant and postnatal
women in a crisis situation with social care and social
rehabilitation services.
(5) The State shall ensure the possibility for a pregnant
woman who wishes to artificially terminate the pregnancy to
receive a consultation of a general practitioner or another
specialist (a psychotherapist, gynaecologist or another medical
practitioner) trained to provide such a consultation. The content
of this training program and the procedures for providing the
training shall be determined by the Cabinet.
(6) The procedures for obtaining, processing, storing,
distributing (also exporting and importing) gametes and for
traceability of gametes, and also quality and security
requirements shall be determined by the Cabinet.
[29 January 2004; 22 September 2005; 21 June 2018 /
The amendment to Paragraph three regarding the replacement of
the words "gamete donor registers" with the words "joint gamete
donor register" and Paragraph five shall come into force on 1
July 2019. See Paragraphs 1 and 2 of the Transitional
Provisions]
Section 6. Person's Rights and
Obligations in the Field of Sexual and Reproductive Health
(1) A person has the right to obtain information from a
medical practitioner on the basic principles of sexual and
reproductive health promotion and care, birth planning, and
contraception.
(2) The obligation of a person in the field of sexual and
reproductive health care is to obtain a basic knowledge of sexual
and reproductive health promotion and care, to take care of his
or her own sexual and reproductive health and that of his or her
family, to plan for a birth, undergo health observation prior to
the conception of a child, avoid the termination of a pregnancy,
and choose birth control means not detrimental to one's
reproductive health.
(3) A person infected with a sexually transmitted disease has
the obligation to inform his or her sexual partner of the risk of
infection.
Section 7. Financing of Sexual and
Reproductive Health Promotion and Care
Expenses resulting from sexual and reproductive health
promotion and care services shall be covered from the State
budget and the resources of legal and natural persons in
accordance with the procedures specified in laws and
regulations.
Chapter
II
Organisation of Birth Assistance
[22 September 2005]
Section 8. Birth Assistance
Birth assistance is a set of measures for the promotion of
family reproductive health, female health promotion, and health
care within the period of pregnancy, birth, and the postnatal
period (42 calendar days following birth), and also for clinical
monitoring, examination, health promotion, and treatment measures
for an unborn child prior to and during birth, and also infant
care during the postnatal period.
[22 September 2005]
Section 9. Provision of Birth
Assistance
(1) Birth assistance shall be provided by a relevant medical
practitioner within their competence and in conformity with the
by-law of a speciality.
(2) Birth assistance during birth shall be provided by a
gynaecologist (childbirth specialist), a midwife.
(3) The procedures for providing birth assistance shall be
determined by the Cabinet.
[29 January 2004; 22 September 2005]
Chapter
III
Sexually Transmitted Diseases
Section 10. Prevention, Diagnosis,
Treatment, and Monitoring of Sexually Transmitted Diseases
(1) Prevention measures, diagnosis, treatment and monitoring
of patients with sexually transmitted diseases [with the
exclusion of syphilis, infection with human immunodeficiency
virus (HIV) and acute immunodeficiency syndrome (AIDS)] shall be
carried out by a dermatovenerologist, urologist or gynaecologist
(childbirth specialist).
(2) Diagnosis of sexually transmitted diseases is confirmed by
laboratory testing.
[29 January 2004; 22 September 2005]
Section 11. Diagnosis of Syphilis,
HIV, and AIDS, the Treatment and Monitoring of Patients
(1) Measures for the prevention of syphilis, diagnosis of the
disease, the treatment and monitoring of a patient shall be
carried out by a dermatovenerologist.
(2) The examination, treatment, and monitoring of persons
living with HIV and AIDS patients shall be carried out by an
infectiologist at a medical treatment institution.
Chapter
IV
Infertility
Section 12. Diagnosis and Treatment
of Infertility
(1) Infertility is the inability of two sexually mature
persons of the opposite sex (hereinafter - the heterosexual
couple) to have a child within a year whilst having a regular sex
life without any contraception.
(2) Infertility shall be diagnosed and treated by a
gynaecologist (childbirth specialist), urologist, sex-pathologist
or a genetic expert.
(3) The procedures for diagnosis of infertility shall be
determined by the Cabinet.
[29 January 2004; 22 September 2005]
Section 13. Medically Assisted
Insemination
(1) Medically assisted insemination is an artificial fusion of
male and female gametes.
(2) Medically assisted insemination is carried out upon
request of the heterosexual couple or a woman on the basis of a
written application submitted to the medical treatment
institution by the heterosexual couple or the woman.
(3) Medically assisted insemination is carried out by using
the gametes of a donor or of the genetic parents.
(4) Prior to the medically assisted insemination, the
gynaecologist (birth specialist) has the obligation to inform the
potential parents of the nature of the medically assisted
insemination and possible complications, and also of genetic and
medical complications which could occur to the child.
Section 14. Secrecy of Medically
Assisted Insemination
(1) It is prohibited to disclose any data on potential parents
to a gamete donor.
(2) Potential parents may only obtain information on the
genetic and anthropometric data of the gamete donor.
Section 15. Restrictions on
Medically Assisted Insemination
It is prohibited to:
1) fuse human and animal gamete nuclei for the purpose of
insemination;
2) introduce a human embryo into the system of a primate or
animal of any other class;
3) obtain a human embryo or fetus for scientific research, and
also to use it as a tissue and organ donor;
4) use gametes of the donor or the embryo for commercial
purposes;
5) import or export an embryo;
6) choose the sex of the child during medically assisted
insemination, except for the case of an inherited genetic
disorder related to the sex;
7) simultaneously implant more than three fertilised ova in a
woman's body.
[22 September 2005; 21 June 2018]
Section 16. Prohibition of Human
Cloning
It is prohibited to use any medically assisted insemination
and other technologies which could result in the birth of a human
being genetically identical to another living or deceased
human.
Section 17. Selection of a Gamete
Donor
(1) A gamete donor may be a healthy person: male between the
age of 18 to 45 years and female between the age of 18 to 35
years.
(2) The potential gamete donor shall be medically examined
according to the procedures specified by the Cabinet.
[29 January 2004; 22 September 2005]
Section 18. Rights of a Gamete
Donor
(1) Gametes may be used for medically assisted insemination
only upon written consent of the donor.
(2) The donor may revoke his or her consent for the use of
gametes prior to the initiation of the medically assisted
insemination.
Section 19. Restrictions on the Use
of Donor Gametes
There can be no more than three children born in the State as
a result of medically assisted insemination with gametes from a
single gamete donor, except for the cases of multiple
pregnancy.
Section 20. Destruction of a Donor's
Gametes
A donor's gametes shall be destroyed in the following
circumstances:
1) if the gametes have been stored in the gamete bank for more
than 10 years or have become defective for any other reason;
2) if, as a result of medically assisted insemination, three
children have been born in the State, except for the cases of
multiple pregnancy, and also in the cases where gametes are
exported to other countries;
3) if a child born from such gametes or a fetus created as a
result of medically assisted insemination has been diagnosed with
a genetic disorder or a congenital pathology;
4) in the event of the death of the donor, except for the case
when the donor has given written consent to the use of the
gametes after his or her death;
5) upon written request of the donor.
[21 June 2018]
Section 21. Legal Status of a Child
Born as a Result of Medically Assisted Insemination
(1) A child born as a result of medically assisted
insemination is considered to be born of the marriage if the
marriage of the potential parents was duly registered at the time
of medically assisted insemination.
(2) In the cases where the marriage of the potential parents
is not registered, the provisions of the Civil Law shall be
applied for determination of the legal status of a child born as
a result of medically assisted insemination, insofar as they are
not contrary to the provisions of this Law.
Section 22. Non-recognition of
Paternity Rights
(1) Potential parents, their parents, and guardians do not
have the right to request the recognition of paternity of the
gamete donor for a child conceived as a result of medically
assisted insemination.
(2) A child born as a result of medically assisted
insemination, his or her parents and guardians do not have the
right to request recognition of paternity of the gamete
donor.
(3) A gamete donor shall not have the right to recognise
paternity himself or herself or to request recognition of
paternity of a child born as a result of medically assisted
insemination. The parents of the gamete donor also cannot request
recognition of paternity.
[21 June 2018]
Chapter V
Birth Control
Section 23. Contraception
(1) Contraception is a set of measures for the prevention of
unintended pregnancy.
(2) Surgical contraception is the prevention of ovum
fertilisation by means of a surgery.
(3) The medical practitioner has the obligation to explain the
importance of contraception for birth control and the
preservation of reproductive health to patients having reached
reproductive age and to advise contraception in order to prevent
undesirable pregnancy.
[21 June 2018]
Section 24. Choice and Provision of
Contraception
(1) The use of contraception is a person's voluntary
choice.
(2) Only a gynaecologist (childbirth specialist) or a general
practitioner is permitted to prescribe any medicinal
contraceptives or the use of contraceptive medical technologies
(except for surgical contraception), by providing for the further
medical observation of the patient.
(3) Surgical contraception is applicable in the following
cases:
1) to a patient of more than 25 years of age - upon his or her
written consent;
2) in the case of medical indications, to a patient (also less
than 25 years of age) on the basis of an opinion of the doctors'
council [the council consists of a gynaecologist (childbirth
specialist) or a urologist, depending on the sex of the patient,
and two doctors - specialists of the relevant field of medicine]
and upon written consent of the patient but, if the patient's
capacity to act is restricted by a court decision, upon joint
written consent of the patient's trustee and the patient (if
according to the court decision the trustee and the person under
trusteeship act jointly) or upon written consent of the trustee
(if according to the court decision the trustee acts
independently in the relevant field).
(4) Surgical contraception may be administered to a patient by
a gynaecologist (childbirth specialist), a urologist or a
surgeon.
[29 January 2004; 22 September 2005; 21 June 2018]
Chapter
VI
Termination of Pregnancy
Section 25. Termination of Pregnancy
at a Woman's Request
(1) The termination of pregnancy at a woman's request is an
artificial termination of pregnancy upon request of a woman up to
the 12th week of the pregnancy.
(2) A referral for termination of pregnancy at a woman's
request shall be issued by a gynaecologist (childbirth
specialist) or a general practitioner, simultaneously informing
the woman of the nature of pregnancy termination, possible
medical complications, and also of the possibility to preserve
the life of the unborn child and to receive the consultation laid
down in Section 5, Paragraph five of this Law.
(3) The termination of pregnancy may be performed by a
gynaecologist (childbirth specialist) in an in-patient unit of a
medical treatment institution not earlier than 72 hours after the
issue of the referral for termination of pregnancy, and prior
thereto the woman must be repeatedly informed of any possible
complications resulting from the termination of pregnancy.
[29 January 2004; 22 September 2005; 21 June 2018 /
Amendment to Paragraph two shall come into force on 1 July
2019. See Paragraph 2 of Transitional Provisions]
Section 26. Termination of Pregnancy
Due to Medical Indications or in the Case of a Pregnancy
Resulting from Rape
(1) Pregnancy termination due to medical indications or in
cases of a pregnancy resulting from rape is an artificial
termination of pregnancy on the grounds of medical indications or
a certificate on a case of rape issued by a law enforcement
institution.
(2) Termination of pregnancy due to medical indications is
allowed up to the 24th week of the pregnancy.
Termination of pregnancy resulting from rape is allowed up to the
12th week of the pregnancy.
(3) Termination of pregnancy due to medical indications or in
the case of a pregnancy resulting from rape is allowed if there
is a confirmation of the doctors' council and a written consent
of the woman.
(4) Termination of pregnancy due to medical indications or in
the case of a pregnancy resulting from rape may be performed only
by a gynaecologist (childbirth specialist) at an in-patient
medical treatment institution.
[29 March 2007; 21 June 2018]
Section 27. Termination of Pregnancy
for a Patient Younger than 16 Years
(1) If a pregnant patient is younger than 16 years, the doctor
who has established the fact of pregnancy has the obligation to
consult the patient and pay full regard to her views, taking into
account the age and maturity of the patient. The doctor has the
obligation to inform the parents or guardian of the pregnant
patient of the fact of pregnancy.
(2) A referral for termination of pregnancy at her request may
be issued to a patient younger than 16 years if at least one of
her parents or a guardian has given written consent for
termination of pregnancy.
(3) Termination of pregnancy for a patient younger than 16
years due to medical indications or in the case of a pregnancy
resulting from rape is allowed only if there is a confirmation of
the doctors' council or a certificate on a case of rape issued by
a law enforcement institution, and if at least one of the
patient's parents or her guardian has given written consent.
(4) It is necessary to obtain a decision of the Orphan's and
Custody Court (Parish Court) in order to terminate the pregnancy
if there is any dispute between a patient younger than 16 years
and her parents or her guardian regarding the preservation of the
pregnancy.
Section 28. Pregnancy Loss up to the
22nd Week of Pregnancy
In the event of pregnancy loss up to the 22nd week
of pregnancy, the medical treatment institution shall issue an
extract and inform the patient in writing of the possibility to
receive the remains of the stillborn fetus (if this is physically
possible) for burial. If the patient refuses burial of the
remains of the stillborn fetus, the medical treatment institution
shall ensure that the remains of the stillborn fetus are treated
with due respect of human dignity.
[21 June 2018]
Transitional
Provisions
[21 June 2018]
1. Amendment to Section 5, Paragraph three of this Law
regarding a joint gamete donor register shall come into force on
1 July 2019.
[21 June 2018]
2. Section 5, Paragraph five of this Law and the amendment
regarding the supplementation of Section 25, Paragraph two of
this Law with the words and figure "and to receive the
consultation laid down in Section 5, Paragraph five of this Law"
shall come into force on 1 July 2019.
[21 June 2018]
3. The Cabinet shall, by 1 January 2019, issue the regulations
referred to in Section 5, Paragraph five of this Law.
[21 June 2018]
The Law shall come into force on 1 July 2002.
The Law has been adopted by the Saeima on 31 January
2002.
President V. Vīķe-Freiberga
Rīga, 19 February 2002
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)