The article discusses the issue of criminalisation of human cloning established by the Article 87 of the Act of 25 June 2015 on Infertility Treatment, within the international and comparative context. The provision prohibiting cloning describes this intervention as the creation of an embryo whose genetic information in the cell nucleus is identical to the genetic information in the cell nucleus of another embryo, fetus, human corpse or remains. It follows therefrom that human cloning is criminalised regardless of the method used and the purpose of this intervention. From the comparative perspective, Polish law is, thus, aligned with the approach considering the so-called reproductive and therapeutic cloning as the same criminal offence. The interpretation of the Article 87 of the ITA raises however serious difficulties generated by the legal definition of an embryo (Article 1 sec. 1 p. 28 of the ITA), which assumes that an embryo is a "group of cells" created as a result of fertilisation, while cloning does not entail gametes fusion. There are also some loopholes in the legal description of the offence in question resulting from the casuistic enumeration of the sources of genetic material used for cloning.