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Legal regulation

Advantages of surrogacy in Ukraine

  • Surrogacy programs are absolutely legal in Ukraine;
  • The surrogate mother has no parental rights to the baby;
  • Only your names are mentioned in the child's birth certificate;
  • All the surrogacy programs take place in certified medical institutions;
  • Experience of fertility specialists is more than 20 years;
  • Perfect value for money;
  • All rights and obligations of the parties, as well as penalties for non-compliance are subject to a notarized surrogacy agreement.

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

  • absence of a womb (inborn or acquired);
  • deformation of the cavity or cervix uteri, making pregnancy and delivery impossible
  • structural-morphological or anatomical changes of the endometrium that lead to loss of receptivity, synechiae of the uterine cavity, that cannot be treated;
  • severe somatic diseases that threaten the health or life of the recipient during pregnancy, but which do not affect the health of the unborn baby;
  • multiple (more than 4) failed IVF-attempts with use of high-quality embryos, which transfer did not lead to pregnancy.

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: 

  • medical rights and medical support during pregnancy;
  • financial obligations regarding final and monthly compensation, other financial expenses related to pregnancy and childbirth;
  • the surrogate mother's responsibilities of following all the doctor's recommendations and the rules of participation in the program;
  • actions of the parties in case of multifetal pregnancy, cesarean section, as well as in case of pathologies of fetal development.

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.Â