SURROGACY LEGISLATION IN UKRAINE
Why Ukrainian Legislation is Ideal for Surrogacy
Surrogacy is banned in almost all European countries, some countries have no law for surrogacy at all. That restriction makes it impossible to become a parent using the help of a surrogate mother and experience the joy of parenthood in case your health does not allow.
Civil Code of Ukraine determines persons who are eligible to participate in programs based on assisted reproductive technologies:
Article 281: Either a woman or a man of full legal age has the right to use assisted reproductive technologies based on medical advice and according to the conditions and in the order determined by the legislation.
Since 2002, surrogacy and surrogacy in combination with egg/sperm donation has been absolutely legal in Ukraine. According to the law a donor or a surrogate mother has no parental rights over the child born and the child born is legally the child of the prospective parents. Egg-Donation is anonymous in Ukraine.
Ukrainian surrogacy laws are very friendly and support the individual’s reproductive rights. Surrogacy is officially regulated by Clause 123 of the Family Code of Ukraine and the order of the Ministry of Health of Ukraine "On approval of the application of assisted reproductive technologies in Ukraine" from 09.09.2013 № 787.
You can choose between Gestational Surrogacy, Egg/sperm Donation, special Embryo adoption programs, and their combinations. No specific permission from any regulatory body is required for that, though there must be a medical reason of using a surrogate mother. A written informed consent of all parties (intended parents and surrogate) participating in the surrogacy program is required.
Ukrainian legislation allows intended parents to carry on a surrogacy program and their names will be on Ukrainian Birth Certificate of the child born as a result of the surrogacy program from the very beginning. The child is considered to be legally "belonging" to the prospective parents from the very moment of conception. The surrogate’s name is never listed on the birth certificate. The surrogate can't keep the child after the birth. The child has to be biologically related to at least one parent from the couple. Surrogate mother in Ukraine receives a compensation for the pregnancy and birth of a child/children for Indented Parents.
Surrogacy programs are possible only for officially married heterosexual couples.
Single women can be treated by known or anonymous donor insemination to carry a child, but to take part in surrogacy program a woman has to be officially married to a man.
Registration of the baby is regulated by the Order №140/5 from November 18th, 2003 issued by the Ministry of Justice of Ukraine and titled “About changes and amendments to the Regulations of registering of civil acts in Ukraine”:
Paragraph 2.2. In case when a woman to whom was transferred a human embryo conceived by spouses delivers a child, the registration of the child is carried out based on the written application of both spouses indicating their consent for the embryos transfer. In this case, a written consent of the woman who delivered the child is submitted alongside the medical document certifying that this particular woman gave birth to this child, to allow spouses to be registered as legal parents of the child, notarized.
We assist you through all the legal process. Perfect Surrogacy has trustful relationships with Embassies so that you will have good assistant with your baby pass.
Anna Lisnichenko
Civil Lawyer, Fertility Assistance Specialist, Founder and Head-Coordinator
If you have any questions or need help choosing the perfect Egg Donation program package for you — don't hesitate to book a free video consultation!