Legal aspects of surrogacy in Ukraine
Surrogacy in Ukraine is regulated by law:
the Family Code of Ukraine,
the Law of Ukraine "Basics of legislation of Ukraine on Health Care" of 19.11.1992,
the Order of the Ministry of Health of Ukraine № 787 of 09.09.2013, which approved the Procedure for the use of assisted reproductive technologies in Ukraine,
Order of the Ministry of Justice of Ukraine of 18.10.2000 N 52/5, which approved the Rules of state registration of civil acts in Ukraine.
There are also several legal requirements for medical institutions that provide these services.

What is surrogacy in Ukraine?
There is no separate special law on surrogacy in Ukraine, but the issue of surrogacy and the legal relationship between the surrogate mother and the genetic parents of the child is clearly described in the Family Code of Ukraine.
Thus, according to Part 2 of Article 123 of the Family Code of Ukraine, the parental rights to a newborn child belong exclusively to the spouses who are biological parents and have used the surrogacy program. This article of the law completely excludes the possibility that a surrogate mother may "leave the child to herself."
(In case of transfer to another woman of a human embryo conceived by a spouse (husband and wife) as a result of the use of assisted reproductive technologies, the child's parents are the spouses - part 2 of Article 123 of the Family Code of Ukraine.)



Surrogacy in Ukraine has the following features:
  • - surrogacy agreement, which is concluded on a paid commercial basis (i.e. provides for the payment of a fee), is allowed in Ukraine, and has no legal restrictions on the price of remuneration,
  • - there is no need to obtain a permission from the guardianship authority (as in the case of adoption). Adoption itself is also not required in this case, because at the birth of a child a surrogate mother simply writes a permission to transfer the child to biological parents (paragraph 6.9 of the Order of the Ministry of Health of Ukraine №787),
  • - acquisition of paternity by surrogacy does not require consideration of the case in court, all legal relations are regulated primarily by the Family Code of Ukraine and the concluded agreement on surrogacy,
  • - the child's birth certificate immediately indicates the name of the genetic parents (paragraph 6.9 of the Order of the Ministry of Health of Ukraine №787, paragraph 11 of Chapter 1 of Section III of the Rules of state registration of civil status in Ukraine, approved by the Ministry of Justice of Ukraine from 18.10.2000 N 52 / 5).
  • (In the case of the birth of a child by a woman who has transferred a human embryo conceived by the spouses as a result of the use of assisted reproductive technologies, the state registration of birth is carried out at the request of the spouse who agreed to such transfer. of the child by this woman, an application for her consent to the registration of the spouses by the child's parents is submitted, the authenticity of the signature on which must be notarized, as well as a certificate of genetic kinship of the parents / mother or father / with the fetus - paragraph 11 Section 3 of the Rules of 18.10.2000 ).
  • - parental rights to a child belong entirely to genetic parents. The surrogate mother cannot make any claims and declare her maternal rights to the child (Part 2 of Article 123 of the Family Code of Ukraine).
It should also be noted that a single woman or a single man who is not officially married cannot use the service of surrogacy in Ukraine (paragraph 6.11 of the Order of the Ministry of Health of Ukraine №787). An agreement between a surrogate mother and an unmarried person will not have legal force.

Who can be qualified as surrogate mother in Ukraine
  • - Age of a woman over 18 years (surrogate mother must be of legal age and capable - Article 34 of the Civil Code of Ukraine),
  • - Voluntary consent of a woman to participate in the program (Part 3 of Article 203 of the Civil Code of Ukraine, paragraph 64 of the Order of the Ministry of Health of Ukraine №787),
  • - A woman must have her own healthy child, as well as in the absence of medical contraindications (paragraph 6.4 of the Order of the Ministry of Health of Ukraine №787),
  • - Written consent of the man to the woman's participation in the surrogacy program (paragraph 6.10 of the Order of the Ministry of Health of Ukraine №787).
Surrogacy agreement
Surrogacy agreement is the main document between the genetic (intended) parents and the surrogate mother and regulates in detail all agreements and legal relationship between them. The contract must specify the following conditions:
  • - a description of the entire procedure of surrogacy, what exactly it should be,
  • - questions of price, terms, rights and obligations of the parties, responsibility of the parties,
  • - conditions for payment of maintenance to the surrogate mother,
  • - place of residence of the surrogate mother during pregnancy,
  • - medical institution where fertilization will take place,
  • - the obligation of the surrogate mother to give written consent to the registration of the spouses to the parents,
  • - transfer of the child after birth to its biological parents,
  • - the obligation to follow the recommendations of doctors (nutrition, treatment, avoiding of bad habits), - terms of confidentiality
  • - the obligation to not terminate the pregnancy,
  • - the obligation of the biological parents to pick up the child,
  • - the obligation of the spouses to pay the surrogate mother the expenses related to the birth of the child,
  • - the right of the spouses to information about the physical condition of the surrogate mother and the course of pregnancy.
It's possible to include in the agreement other provisions that parties consider as important.
Documents required for surrogacy.
There is a list of legal documents that must be provided by genetic parents and surrogate mother
- notarized Surrogacy Agreement,
- statement of the patient (spouse) on the use of assisted reproductive technologies, namely the application of surrogacy procedures to them (copies of the spouses' passports, a copy of the marriage certificate is also attached to the application);
- application of a surrogate mother to participate in surrogacy and a surrogate program (the application is also accompanied by a copy of the surrogate mother's passport, a copy of the surrogate mother's marriage or divorce certificate, a copy of the child's/children's birth certificate);
- notarized consent of the surrogate mother to carry the embryo of the biological parents,
- notarized consent of the surrogate mother's husband to her participation in the surrogacy program,
- notarized consent of the surrogate mother to indicate the spouse (biological parents) as the child's parents,
- certificate of an accredited medical institution on the use of assisted reproductive technologies and genetic family ties of the child with the spouse.
This list of documents is regulated by Section 6 of the Order of the Ministry of Health of Ukraine №787.
Indications for the use of surrogacy.
Surrogacy requires certain conditions.

Thus, in accordance with paragraph 6.1 of section 6 of the Order of the Ministry of Health of Ukraine №787 the necessary conditions for surrogacy are:
  • - the presence of medical indications for surrogacy,
  • - documents required for surrogacy,
  • - the spouse (or one of the future parents), in whose interests the surrogacy is carried out, must have a genetic connection with the child,
  • - the surrogate mother must not have a direct genetic link with the child.
Pregnancy is allowed by close relatives of future parents (mother, sister, cousin, etc.).

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