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Legal regulation

Advantages of surrogacy in Ukraine

Legal aspects of surrogacy in Ukraine

Surrogacy in Ukraine is legal according to Civil Code of Ukraine, Family Code of Ukraine, Law of Ukraine «Fundamentals of Ukrainian Legislation on Health Care», Order of the Ministry of Health of Ukraine of 09.09.2013 № 787 «On the Approval of the Procedure of assisted reproductive technologies appliance in Ukraine».
Ukrainian legislation in surrogacy area explicit defines the participation prerequisites:

1. Surrogacy is possible only for heterosexual married couples. Unfortunately, single men or women, heterosexual partners, and homosexual couples do not have this opportunity at the moment. 
2. The spouses (or one of the intended parents) must have a genetic link to the baby. On the other hand, the surrogate mother cannot be genetically related to the baby.
3. For reproductive assistance may apply both citizens of Ukraine and foreigners who have one of the following medical indications.   

Medical indications

Surrogacy agreement

The surrogate mother and the intended parents sign the surrogacy agreement. It is the basic document that defines the rights and responsibilities of the intended parents and the surrogate mother, taking into account the requirements and wishes of both the spouses and the surrogate mother.

The agreement regulates different aspects: 

Only after signing the agreement between the surrogate mother and the intended parents, the medical institution has the right to transfer the embryo. 

Registration of parenthood after the birth of the baby

Birth certificate mentions nothing about surrogacy, and only contains information about the intended parents. This approach allows you to keep the secret of birth.
Passport (travel document) for the baby is issued through your country’s embassy / consulate. Depending on the embassy, the process and list of documents, as well as the duration of the application process may differ. 

The rights of the surrogate mother to the baby

In Ukraine, surrogate mothers are not granted parents’ rights to their children under Article 123 of the Family Code. Therefore, the surrogate mother cannot keep the baby if she changes her mind after birth.