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.

This is how it happens: an agreement is concluded with a certain woman that she willingly agrees to bear, give birth and hand over the child to his legal parents. Such a document is called a Surrogate Agreement.

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

When using this technology, three parties are involved:

  • a father, who gives his own sperm in order to fertilize an egg, and also takes upon himself the duty of a father after the birth of the baby;
  • a mother, who gives her own egg to be fertilized, and also takes upon herself the duty of a mother after the birth of the baby;
  • A surrogate mother - a woman who agreed to bear and give birth to a child from genetic parents for a set fee or without payment, and also not claiming to assume the role of the mother of the child.

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 process, legal support can be indispensable. Starting from the moment of preparation for signing the agreement, ending with control over the process of obtaining a birth certificate for a child.

A lawyer can help you get an answer to the following questions:

  • How to find a trustworthy person for the role of a surrogate mother?
  • What to specify in a surrogacy agreement?
  • Can you trust the clinic with where they will carry out fertilization?
  • What is the responsibility of a surrogate mother?
  • How to formalize a relationship after the actual act of delivery?

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

If you want to feel protected and confident at the end of the day, give us a call!

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