Ukraine is, without a doubt, the most affordable, stable, and legally secure destination for childless couples looking to expand their families through surrogacy.
Surrogacy in this European nation is highly regulated and is enforceable under legislation enacted under federal law.
For a couple to qualify for surrogacy in Ukraine, a doctor must show proof that the intended mother is unable to carry a pregnancy for the following reasons:
Absence or deformation of the uterus or cervix, which results in infertility
Multiple failed IVF attempts
Health issues which make it impossible for the intended mother to carry a pregnancy, or those that put the mother's life at risk.
Also, the law requires that the doctor explains the reason why surrogacy is better than other available assisted reproduction methods.
What makes Ukraine an ideal destination for surrogacy is the fact that the child belongs to the intended parents from conception in the eyes of the law. When the baby is delivered, the intended parents are given a birth certificate that bears their name. This simply means that the surrogate mother cannot, under any circumstances, claim parental rights to the child.
Note: Even if the egg and sperms used to create the embryos came from donors, the Ukrainian law recognizes the intended parents as the real parents of the baby; thus, they still get a birth certificate under their names even if they are not biologically related to the baby.
Factually, Ukraine has more explicit laws that govern surrogacy than other countries around the globe. For instance, most countries in this list which allow surrogacy only to recognise the intended parents as the real parents of the baby if a pre-birth order is given and signed by a judge through a court process. This way, a surrogate can easily claim rights to the baby. In Ukraine, however, the intended parents are awarded parental rights to the baby after conception; thus, the surrogate cannot sue for custody.
Surrogacy in Ukraine is regulated by clause 123 if the Family Code of Ukraine, which states that if an ovum conceived by a married couple is implanted in another woman, the married heterosexual couple becomes the parents of the child.
This clause legally binds a surrogacy contract, but only restricts it to married couples. The Ukrainian law doesn’t permit same-sex marriages; hence you might need to choose another destination if you are in a gay relationship.