Surrogate motherhood in Ukraine

The surrogate motherhood is an actively developing phenomenon in Ukraine. But despite the legal regulation and growing popularity, not many know how to properly handle the formalities for the whole process.

We provide legal support for concluding a surrogate agreement both for couples who want to have a baby and for surrogate clinics, who want to legally formalize their activities.

Today we will share information about what surrogacy is and how it is regulated in Ukraine.

What does the law of Ukraine on surrogate motherhood say?

The Family Code of Ukraine dated 01.01.2004 established the legality of surrogacy in Ukraine.

Surrogacy - is the latest technology that helps couples have a baby.

The procedure looks as follows: an agreement is made with a certain woman that she voluntarily agrees to bear, give birth and hand over the child to the parents. These documents include:

a surrogacy contract;
statements of the parties about the use of assisted reproductive technologies, namely - the use of surrogacy procedures, etc.

According to statistics, about 220,000 children in the world were born through surrogate motherhood.

This technology involves the following parties:

A father, who gives his own sperm to fertilize the egg and undertakes duty of the father after the birth of the child;
A mother who gives her own egg to be fertilized and assumes the duty of a mother after the birth of the child;
A surrogate mother, a woman who has agreed to bear and give birth to a child from genetic parents for a set fee or free of charge, and who does not claim to be the child’s mother;
Intermediaries (various surrogacy agencies), people who “connect” couples looking for a surrogate mother and potential mothers, and provide legal support for surrogacy deals and negotiate with clinics that will provide medical care for women in labor.

Surrogacy services are most often requested when a woman is infertile but wants a child, or when a single father has a desire to give birth and raise a child.

A surrogate mother can be also a genetic mother.

Our services: Family Law practice in Ukraine - legal services in Kyiv

What is the main purpose of surrogacy?

It helps to solve the problems of infertility that many couples run into.

Infertility is ascertained if a woman cannot become pregnant for one year with regular sexual intercourse without using contraception.

According to the World Health Organization, approximately 8% of couples experienced infertility in 2015-2019.

What kind of indication can there be in order to use surrogate motherhood technologies is indicated in the law governing surrogate motherhood.

It may be interesting: Adoption by a foreigner in Ukraine in 2019: where to start?

How to apply for surrogacy?

A surrogate mother is selected in accordance with the established requirements, namely:

she should have no medical contraindications;
she must have at least one healthy child;
she must give consent to medical intervention.

The law allows relatives of spouses to be surrogate mothers (sister, mother, etc.).

A document is signed between the parents of the unborn child and the surrogate mother, which specifies all the details regarding the birth of the child. This agreement governs the relationship between these entities until the time of birth.

The agreement may contain information on:

where the examination and act of delivery will take place;
where the surrogate mother will live, what she will eat;
what responsibility she will bear in case of disclosure of information of the agreement, in case of evasion of the hand-over of the child to the parents, etc.;
all the nuances of the birth of a child, his registration;
information on coverage of expenses, payment of a surrogate mother, insurance is also indicated;
unforeseen circumstances.

The specified agreement must be supplemented by:

the consent of the spouses that the surrogate mother will bear the child;
the consent of the surrogate mother (and her husband, if any);
a statement from a surrogate mother that she does not make a claim to the couple after childbirth and registration of the child and agrees that they will be recorded as the child’s parents.

What happens after the birth of a child under a surrogate agreement?

After the baby is born, it is registered with the appropriate Civil Status Registration Office.

To do this, submit the following documents:

an agreement signed by the parents and the surrogate mother;
a certificate confirming the birth of a child;
documents that confirm the identity of the parents and the surrogate mother;
a certificate that confirms the genetic relationship.

This process takes about two days, and after this period, parents are issued a certificate confirming the birth of the child.

Legal support of a lawyer during the process of surrogacy

Throughout the entire process, a lawyer's assistance may be indispensable. Beginning from the very preparation for the signing of the contract, and up to the supervision of the process of obtaining a birth certificate for the child.

One of the problems, which requires legal support and assistance, is the circumvention of the prohibition of surrogacy in the country of the spouses who have ordered the specified services.

Thus, clashes of regulatory regimes lead to problems in establishing abroad the rights of the biological parents of a child who has been born by a surrogate mother. This means that despite the officially issued birth certificate in Ukraine with the indication of the spouses’ parenthood, such a document will not be recognized in the other country.

In order to get out of such a situation, spouses should additionally establish the fact of parenthood in relation to children born through the assisted reproductive technologies in Ukraine (and obtain a positive court decision, which will be recognized in another country).

This is just one example of the assistance that can be provided by a professional lawyer during the surrogacy procedure in Ukraine. It should be understood that the surrogacy process needs qualified assistance, including:

when shipping the cryopreserved embryos and gametes;
support of registration procedures and legal proceedings for prospective parents in their country of residence or citizenship;
in carrying out assignments of prospective parents in Ukraine and other countries.

As a result, Pravova Dopomoga Law Firm offers the following services to its Clients in the surrogacy procedure:

Consultations to all participants of the surrogacy program (potential parents, surrogate mothers, gamete donors and others)
Development of the optimal legal model for conducting a surrogacy program and ways of legalizing parental rights;
Comprehensive legal support of surrogacy procedure (for potential parents, reproductive medicine clinics, and surrogacy agencies)
Development, assessment and conclusion of contracts with program participants;
Obtaining necessary medical, registration and other documents
Translation, notarization and legalization of documents (contracts, agreements, statements, etc.)
Legal support during meetings and communication with program participants (including conflict resolution), etc.

A surrogate contract is a relationship that you enter into for a sufficiently long period of time. .

Do you want to use surrogacy services in Ukraine? Don’t hesitate to contact us for legal protection of this process! We will take care of the safe return of you and your baby home.