• Title of the law: Law on biomedically assisted procreation
• Date of adoption and entry into force: adoption 25 April 2017; entry into force 5 May 2017, 
• Published in: "Official Gazette of the Republic of Serbia ", No. 40/2017 and 113/2017
• Indicate if process of revision is ongoing and, in your answers, provide information on provision in the draft law: At the moment, new law is in the process of adoption by the Serbian Parliament. Public debate is finished, and the new law is correlated with EU Directives

6. Is donation of sperm/oocytes/embryos permitted in your country? Yes

7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No. 

Article 28 (paragraph 1-3) regulates Prohibition of Gain from BMAF Procedures

Prohibitions referred to in paragraph 1 to 3 above shall not be applicable to:

1) living donor compensation for loss of earnings or other income for time spent in a medical institution or during recovery, or during temporary inability to work, or compensation for other eligible expenses that the donor has had due to the procedure of retrieval of reproductive cells (transport, accommodation, food costs etc.);

2) eligible compensation in connection with payment for medical or other services related to retrieval of reproductive cells;

3) compensation in the event of excessive damage arising from the retrieval of reproductive cells.

8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes

9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? NA

10. Are there special measures for the prevention of consanguinity? Yes

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No

3. Are MAP procedures covered by the social security system? Yes

4. Are there specific criteria for such coverage? Yes. 

Age limit for treatment of infertility with MAP was 40 years, since 2022 is changed:

The service is intended for insured persons, women up to the age of 45 in accordance with the Rule book on the content and scope of the right to health care from compulsory health insurance and on participation for the year 2022. 

5. Is the financial coverage limited to a number of MAP procedures? Yes. Three stimulated procedures of biomedically assisted fertilization with donated spermatozoa, three procedures of biomedically assisted fertilization with donated egg cells, as well as three cryoembryotransfers with donated spermatozoa or egg cells in a woman up to the age of 45, if one of the partners (marital or common-law) does not have a child.

1. Is access to medically assisted procreation (MAP)

a. restricted to heterosexual couples? Yes

b. possible for women not living in a heterosexual couple? Yes

16. Is donation of sperm/oocytes/embryos anonymous?

sperm Yes / oocytes Yes / embryos Yes

17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation? 

i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court Yes

a. Identity of the donor(s)

i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court Yes

b. Certain health information concerning the donor(s)

i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court Yes

c. Other information

i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court Yes

18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? NA

19. Is there an important current debate in your country on these or related issues? 

We have for many years very vivid discussions about surrogacy in whole media and public debates.  

The case of women (newspapers and TV): after accidental death of her partner the medical and law authorities didn’t allow her to use their freeze embryos for MAP. The case is on the Court.

20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. NA

2. Are there specific criteria for access to MAP? 

Medical reasons:

a. Infertility:

For a heterosexual couple? Yes; For women not living in a heterosexual couple? Yes

b. Risk of transmission of a disease

For a heterosexual couple Yes?; For women not living in a heterosexual couple? Yes

c. Other N/A