Related to Surrogacy Laws | Posted on May 10th, 2018
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Since 2002, surrogacy and surrogacy in combination with egg/sperm donation has been absolutely legal in Ukraine. According to the law a donor or a surrogate mother has no parental rights over the child born and the child born is legally the child of the prospective parents.
In Ukraine, intended parents can designate a surrogate, egg or sperm donor, embryo adoption programs or any combination, without prior consent from any regulatory body. Written and informed consent of all parties is all that is required to participate in a surrogacy program. Moreover, intended parents are considered biological parents from the moment of conception and the surrogate does not have any legal rights to the baby after birth. The surrogate cannot keep the child after the birth. Even if a donor was used and there is no biological relation amid the child and intended parents, their names remain on the birth certificate.
Once the baby is born, the birth certificate is issued with the names of the intended parents and without any mention of the surrogate. Ukrainian surrogacy laws are regulated by Article 123 of The Ukrainian Family Code (amended December 22, 2006, No. 524-V) This article essentially establishes the parental relationship in cases of assisted reproduction. Under the article, “if an ovum conceived by a married couple is implanted to another woman, the married couple shall be the parents of the child.” At present, as per definition of a “married couple” under Ukrainian law, is limited to only heterosexual marriages. Same-sex marriages are not yet legally recognized by law in the Ukraine.
Surrogacy in Ukraine is also regulated by Order number 787 (issued on September 9, 2013) of the Ministry of Healthcare of Ukraine about implementation of artificial reproductive technologies in Ukraine, which deals with the medical procedure of artificial insemination and embryo implantation. This order requires that artificial insemination must be carried out only in specially accredited medical institutions in accordance with the methods approved by the Ministry of Health Care of Ukraine. There are strict guidelines which must be adhered to which include: the details of the medical procedure, the results of medical examination of the future surrogate mother and medical and legal aspects of the consequences, etc. A written informed consent of intended and surrogate parents participating in the program is mandatory.
Order 24 of the Health Ministry of Ukraine further regulates and protects the surrogate to ensure a healthy overall process. Under the guidelines of the Order 24, the surrogates must meet the following:
By the law, the surrogate must be older than 18 years with no age limit, and is determined based on the status of her health. The recommended age by the ministry of healthcare is from 18 till 33 years old.
- She must be a natural mother of at least one child.
- She must be mentally and physically capable of becoming a surrogate mother.
- The surrogate may have no relation to the commissioning parents
- Her marital status is irrelevant.
- A legal surrogacy agreement must be signed between the intended parents and the surrogate.
Once the baby is born, the new parents must apply for citizenship and travel visas to return home with their newborn babies.
Ukrainian legislation allows intended parents to carry on a surrogacy program and their names will be on Birth certificate of the child born as a result of the surrogacy program from the very beginning. The child is considered to be legally "belonging" to the prospective parents from the very moment of conception. The surrogate’s name is never listed on the birth certificate. The surrogate can't keep the child after the birth. Even if a donation program took place and there is no biological relation between the child and the intended mother, their names will be on Birth certificate (Clause 3 of article 123 of the Family Code of Ukraine).
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