UKRAINIAN LEGISLATION

SURROGACY LAW IN UKRAINE

The Ukrainian Institute of Surrogacy (UI Surrogacy) has extensive experience working with couples who come from different parts of the world. The surrogacy process is considered to be a very controversial subject and is banned or restricted in some places. This journey itself is pretty challenging, and the legal system in many countries either doesn't exist or impedes the process even more.

 

Ukraine has become one of the few countries where legislation views Gestational Surrogacy favorably and duly governs relations between all involved parties. 

Civil Code of Ukraine identifies a person who is eligible for ART programs:

 

Article No 281: Any adult (woman or man) has every right to use ART treatments on the grounds of medical indications under the conditions established by law.

 

Is Surrogacy legal in Ukraine? Surrogacy and oocyte/sperm donation programs are entirely legitimate and widely practiced in Ukraine. Biometrical donation is anonymous and protected by law.

Surrogacy Law in Ukraine recognizes the Gestational Surrogacy, Egg/ Sperm Donation, Embryo adoption, or any combination of these variants. With Gestational Surrogacy, the Surrogate Mother, who carries and delivers a baby for another couple, does not have any biological connection to the child. The Surrogate's oocytes are never used to conceive embryos as to avoid any genetic relationship between the child and the Surrogate. As per Ukrainian law, the Surrogate is liable to waive all parental rights to Intended Parents immediately after the baby's birth. We indicate only the names of Biological Parents on the birth certificate.

 

The Ukrainian legal landscape is very accommodating and beneficial, protecting the individual's reproductive rights. 

 

The Family Code of Ukraine Article No 123 governs the origin of the baby using assisted reproductive technologies (ART):

 

Paragraph 123.1. If the wife gets pregnant by ART methods upon written authorization of her husband, the latter records himself as the father of the child born by his wife.

Paragraph 123.2. The spouses are considered to be the parents of the child if the husband and wife conceived an embryo and transferred to another woman.

Paragraph 123.3. The spouses are recognized to be the parents of the baby born by the wife if the husband and another woman conceived an embryo, and it was implanted to his wife.

 

To be admitted in the surrogacy program, the following documents will be required:

  • Signed contract with the selected clinic for medical services

  • Notarized agreement with the Surrogate mother

  • Copies of passports

  • Original or duplicate apostilled marriage certificate (a copy is not allowed). Nationalities which don't recognize Apostille require legalization by the Ministry of Foreign Affairs in the country of origin and subsequent validation by the Consulate of Ukraine 

  • A Notarized Power of Attorney for Ukrainian Institute of Surrogacy to act on behalf of Intended Parents 

  • Medical reports justifying eligibility to participate in Surrogacy Program. Our clinic can help with such documents.

 

According to the Family Code and Decree No 771 of the Ukrainian Ministry of Health, the following medical readings are acceptable for surrogacy programs:

 

  • Diseases that make pregnancy and childbearing dangerous to a woman's health

  • Absence of uterus (congenital or acquired)

  • Deformational changes of the cavity or the cervix

  • Multiple unsuccessful attempts of IVF (4 or more)

  • Changes in uterine endometrium, leading to the loss of efficiency of the implantation of the embryo and the adhesion of uterus that are not treatable

  • Presence of severe somatic diseases, in which the pregnancy endangers the woman's health

 

According to Decree No 787 of Ukrainian Ministry of Health, the following rules apply for ART treatments:

Paragraph 1.4: Only certified medical establishments are authorized to perform ART treatments.

Paragraph 1.5: Intended Parents are free to choose a medical establishment for ART treatment.

Paragraph 5.4: Egg donors can be:

  • female acquaintances or relatives

  • anonymous voluntary donors 

  • patients of ART programs, who donated their oocytes voluntarily according to the written consent 

Paragraph 5.5: Requirements for Egg donors:

  • a woman between the ages of 18 to 36 

  • absence of hereditary diseases

  • lack of medical contra-indications for oocyte donation

  • absence of somatic diseases

  • absence of negative manifestations

  • absence of harmful habits: drug/toxic/alcohol abuse

  • presence of own healthy child

 

Paragraph 6.4: A healthy woman of full age, who has already a healthy child does not have any medical contra-indications and concluded written consent, is entitled to perform surrogacy.

 

Our team is delighted to share our best practices throughout the process. We have strong relationships with embassies and extensive experience in leading this extraordinary journey with no unnecessary complications.

CONTACT

US

Tel. +38-063-4760-206

Dzhona Makkeina St, 39, off. 13

Kyiv, Ukraine, 01042

2nd Floor, College House, 17 King Edwards Road, RUISLIP, London, HA4 7AE, UNITED KINGDOM

VISIT

US

Monday - Friday 09:00 - 18:00

 

TELL

US

  • UI Surrogacy Facebook
  • UI Surrogacy Instagram
  • UI Surrogacy LinkedIn
  • UI Surrogacy Youtube
  • UI Surrogacy Twitter
  • UI Surrogacy Pinterest