Is Surrogacy in Ukraine legal?

Is Surrogacy in Ukraine legal?

Surrogacy in Ukraine has been growing in popularity, owing to the increased influx of couples from around the world. The Gestational Surrogacy Contracts in Ukraine are well regulated.  The surrogacy agreements are enforceable under the Ukraine reproductive laws.

Ukrainian legislation allows intended parents to carry on a surrogacy program. The child born through surrogacy belongs to intended parents right from the time of conception.  The baby birth certificate is issued in the name of commissioning parents.  The surrogate mother in Ukraine is not given any right over the baby.  Thus, the rights of the parents are well protected and secured.

Even if the commission parents use an egg donor or sperm donor, their name comes in the baby birth certificate. Meaning, there is comprehensive legal support for Intended Parents. 

After the baby’s birth, the process of getting the baby citizenship and the travel documents varies from country to country.  The citizen of countries like the USA or UK, get the baby documents within a certain time frame.  The process of baby exit is well documented for most of the countries.

But, few European countries, where surrogacy is not allowed legally, might find it difficult to get the citizenship of the baby.  That is why you must consult your local family lawyer before enrolling yourself ina surrogacy program in Ukraine.

Countries like Italy, Germany, France, Denmark, and Belgium do not encourage any surrogacy arrangement for their citizens. Parents from these countries should consult their local reproductive attorney before starting the cross-border surrogacy in any part of the world.

In Ukraine, surrogacy is only allowed for married heterosexual couples. 

Although surrogacy in Ukraine is well regulated and stable, but still intended parents need to fulfill the eligibility criteria to do surrogacy in Ukraine. Intended parents need to have.

1. The couple needs a letter of recommendation from their local doctor mentioning why they need a surrogate mother. In Ukraine, intended parents can only use a surrogate mother if the female partner is not capable of carrying the baby. Or she has other serious medical conditions which make it difficult for her to carry the pregnancy safely.
2. If a couple has done 4 cycles of IVF cycles and still not successful due to unknown fertility, they can apply for surrogacy.
3. Marriage certificate of couples, fully apostille.
4. The passport copies of the parents. 

No same-sex or single male surrogacy in Ukraine is allowed.

Registration of the baby is regulated by the Order 24 and Order 771 of the Health Ministry of Ukraine, which deals with the medical procedure of artificial insemination and embryo implantation.

The order declares that in cases of birth to a baby conceived by another couple (a surrogacy arrangement) the registration of the child is made based on the surrogacy agreement signed by the Intended Parents. The agreement is submitted alongside the medical document certifying that the surrogate gave birth to the child of the Intended Parents, and this allows the Intended Parents to be registered as legal parents of the child.

Legally, surrogacy in Ukraine is regulated by Article 123 of The Ukrainian Family Code (amended December 22, 2006, No. 524-V). A married couple can choose gestational surrogacy arrangements to have baby/babies. All that’s required is a written informed consent of all parties (intended parents and surrogate) participating in the surrogacy program and related agreements, confirming the arrangement.

Meanwhile, Order 24 of the Health Ministry of Ukraine further regulates the details of surrogacy in Ukraine, which gives guidelines that protect the surrogate and ensure a healthy outcome to the process.

Receiving Baby Birth Certificates

The current status indicates that babies born via surrogacy in Ukraine belong to Commissioning Parents.  The baby birth certificate has commission parents’ names and no surrogacy is mentioned.  Matter of fact biological parents are considered the legal parent of the baby soon after the conception of the baby via a surrogate mother. 

Child’s Citizenship at Birth

According to article 123 of the Ukrainian law, if the embryo is transferred using the egg donor and sperm of the male partner, then the parents will still be the legal parents of the child.

Article 139 provides that a woman registered as the mother of the child may waive her maternal affiliation. However, as prohibited in Part 2 of the Article, the gestational mother cannot claim parental rights for the genetic mother. So, by all means, the surrogacy baby in Ukraine, belongs to the commission parents right from the conception.  That is true, even if you use an egg donor in Ukraine.

Every child that is born out of the surrogacy contract is considered to be the legal child of the intended parents from the very beginning of a contract.

The child may acquire it at birth when the parent or parents fulfill the conditions set out in the Immigration and Nationality Act (INA) for the acquisition of U.S. citizenship. A child born abroad must have biological connections with at least one U.S. citizen parent who has biological connections with him or her.

DNA testing is required for the same purpose. If the child does not have a parent who is having US citizenship, the child will not be given US citizenship.