No need to cancel wedding plans if you refuse to undergo a voluntary medical examination

After numerous enquiries sent to the Ministry of Justice over the Law “On amendments to the Ukrainian Family and Civil Codes “ No. 524-V which  the Verkhovna Rada passed on 22 December 2006, the Ministry issued clarification containing the following.

The Law eliminates discrepancies between the Family and Civil Codes of Ukraine, as well as within individual provisions of the Family Code.

The amendments introduced to Article 30 of the Family Code, for example, binds those planning to enter into a marriage to inform each other about their state of health.

The State shall ensure that conditions are created for those planning to get married to receive medical checkups.

It should however be stated that the procedure for such examinations, approved by Resolution No. 1740 of the Cabinet of Ministers from 16 November 2002 is envisaged as being entirely voluntary. The State Registrar of Marriages shall inform individuals submitting documents for getting married that it is possible to receive such a medical examination, and, if the latter wish this, shall give them the appropriate referral on forms approved by the Ministry of Health.

A refusal to undertake this voluntary medical will not prevent registration of the marriage. The couple can inform each other about their health without such a check up.

The same Law also alters procedure for registry bodies to sever marriages. From now on a marriage is regarded as ended from the day it is registered as such, and not from the day when the relevant body passes a resolution on the marriage’s dissolution.

Concern had been expressed by many members of the public, as well as human rights organizations, that while undoubtedly those planning to have children should undergo such check ups, any mandatory examination would violate people’s rights.

Based on information from the Ukrainian Helsinki Human Rights Union