Law about surrogacy in Ukraine

UKRAINIAN SURROGACY LAWS: FROM A TO Z

When patients come to our clinic for the first consultation, the most frequently asked question is: “Can a surrogate mother not give us a child after childbirth?”. This question directly concerns the legislative process, which regulates the surrogate motherhood program in Ukraine. The answer to it is always one: “Naturally no!”

As expressly specified in paragraph 6.1, Article No. 6 “Surrogate (Substitute) Motherhood”, Order of Health Ministry of Ukraine “Approval of Procedure of Application of Reproductive Attendant Methods” No. 787, dated September 09, 2013, surrogacy procedures may only be applied in those cases where a surrogate mother has no genetic relation to a child whom she carries. Since a woman carries, during the whole pregnancy period, a child who was conceived artificially and has no genetic relation with such a woman, the latter may never be recognized as the child’s mother and is automatically deprived of any right in respect of such child. After the pregnancy condition is confirmed, the surrogate mother signs the formal document in the presence of a notary, whereby she agrees that the child be transferred in custody of his/her genetic parents.

After the child is born and discharged from the maternity hospital, the birth certificate is issued where ONLY GENETIC PARENTS are registered as lawful father and mother of the child.

As soon as the child leaves the maternity hospital, the process of child’s state registration starts and continues several hours.

Grounding on paragraph 6.9, Article No. 6 “Surrogate (Substitute) Motherhood”, Order of Health Ministry of Ukraine “Approval of Procedure of Application of Reproductive Attendant Methods” No. 787, the child birth certificate is issued wherein ONLY GENETIC PARENTS ARE REGISTERED.

As far as the child is born in the territory of Ukraine, the birth certificate will also be Ukrainian. But after the parents are back to the country of their residence together with the child he or she will have the right to be granted the citizenship of this country.

LIST OF ESSENTIAL DOCUMENTS TO BE PROVIDED BEFORE THE SURROGACY PROGRAM STARTS

ONE PART OF GENETIC PARENTS

  1. signing formal documents (contracts) for providing surrogacy services;
  2. copies of identification documents (passports);
  3. signing formal contract between a surrogate mothers and customers.

ONE PART OF SURROGATE MOTHER

  1. written statement whereby the surrogate mother gives her consent to take part in the program and assumes all appropriate obligations under the program;
  2. copies of identification documents;
  3. copy of marriage certificate or divorce certificate;
  4. copy of her child’s birth certificate;
  5. if a surrogate mother is formally married, her husband must give his written consent to her involvement in a surrogacy program.

 

WRITE US AND GET A PERSONAL FREE CONSULTATION OF A PROFESSIONAL SPECIALIST