Heather Arranie 
Surrogacy offers a life-changing solution for couples unable to conceive naturally. With its liberal legislation, Ukraine has become a hub for reproductive medicine, attracting both domestic and international clients. However, navigating the process requires a thorough understanding of the legal nuances to avoid potential risks and disputes. Let’s discuss everything you need to know about legal surrogacy in Ukraine. Firstly, you should know that Ukraine allows surrogacy for foreign couples. To participate, international clients must provide
- An apostilled marriage certificate.
- A translated medical certificate confirming the need for surrogacy.
Surrogacy in this country is regulated by a clear legal framework, providing security for all parties involved. Key provisions are found in:
- The Family Code of Ukraine. Article 123 specifies that the legal parents of a child born through reproductive technologies are the couple who provided the genetic material.
- The Civil Code of Ukraine. This establishes the right of married couples to enter into contracts, including agreements for surrogacy.
- Ministry of Health Order No. 787. This document outlines the procedures for assisted reproductive technologies.
Please note: Ukrainian law only allows surrogacy for heterosexual married couples.
The Surrogacy Agreement, Rights and Obligations of the Parties
Ukraine surrogacy agency notes that a legally binding agreement is the cornerstone of the relationship between the intended parents and the surrogate. This contract should:
- Clearly define the rights and responsibilities of both parties.
- Include financial terms (compensation for the surrogate, coverage of medical expenses).
- Detail actions in case of complications during pregnancy or after childbirth.
- Outline the process for transferring custody of the child to the intended parents.
The agreement must be in writing and is often notarized for additional legal protection.
Intended Parents:
- Have the right to receive full information about the surrogate’s health and pregnancy progress.
- Are obligated to provide financial support as stipulated in the agreement.
- Assume responsibility for the child immediately after birth.
Surrogate Mother:
- Must follow medical recommendations and maintain a healthy lifestyle.
- Cannot claim parental rights to the child, as she is not legally recognized as the mother.
- Is entitled to agreed compensation and reimbursement for related expenses.
Under Ukrainian law, the legal parents are the couple who initiated the surrogacy process. The surrogate’s name does not appear on the child’s birth certificate.
To register the child, the intended parents must submit the following to the civil registry office:
- A marriage certificate.
- A medical certificate confirming the use of assisted reproductive technologies.
- A document from the maternity hospital.
Surrogacy in Ukraine is truly one of the most well regulated processes, leading to the hope it gives to many couples. Clear legislation assures participants of their protection, allowing them to confidently embrace the promise of leaving behind some of the pains and aches of the past. Instead, one can get straight down to choosing the reputable clinics and legal experts who would help navigate the twists and turns of that very journey. At the end of the day, there may even be a legal, safe and peaceful solution for everyone.
