• desk@ukrainiansurrogates.com
  • +380959017224

LEGISLATIVE PROPOSAL ON ASSISTANCE TO INFERTILE FAMILIES

As of today, there is no separate law in Ukraine regulating the use of Assisted Reproductive Technology. The bill draft ?On Assistance to Infertile Families?, that has been recently registered with the Ukrainian Parliament, signals the first attempt to develop a uniform act in the field of medically assisted reproduction in Ukraine. The bill is primarily focused on applying of surrogacy method and introduces a number of innovations in legislation governing this issue, in particular:

1. It is suggested that indications for the use of surrogacy should not be limited only to medical conditions that preclude conceiving a child and carrying a pregnancy to term. Along with medical indications, the bill stipulates surrogacy for social reasons, which means that any single woman or man seeking to have child (children) can pursue surrogacy method.

2. The bill proposes to confer the right to become parents by using ART and surrogate mothers in Ukraine not only on married couples, but also on common-law partners and single persons (both women and men).

3. The rules to determine affiliation of the child born via surrogacy program in Ukraine are to receive full coverage in the new legislation as follows:
If the child is born as a result of transfer of an embryo, conceived by using genetic material of the spouses (the egg and the sperm), into the body of another woman, the spouses should be the parents of this child.

  • If the child is born as a result of transfer of an embryo, conceived by using genetic material of the spouses (the wife?s egg and the sperm of anonymous donor upon written consent of the husband), into the body of another woman, the spouses should be the parents of this child.
  • If the child is born as a result of transfer of an embryo, conceived by using genetic material of the spouses (the egg of anonymous donor upon written consent of the wife and the husband?s sperm,) into the body of another woman, the spouses should be the parents of this child.
  • If the child is born as a result of transfer of an embryo, conceived by using genetic material of the spouses (the egg of anonymous donor upon written consent of the wife and the sperm of anonymous donor upon written consent of the husband), into the body of another woman, the spouses should be the parents of this child.
  • If the child is born as a result of transfer of an embryo, conceived by using genetic material of a single person (the egg or the sperm) and genetic material of the anonymous donor, into the body of another woman, this single person should be accordingly the father or the mother of this child.

4. For the first time ever, the bill aims to set up a mechanism for the state funded surrogacy programs in Ukraine, which means governmental assistance for Ukrainian couples, affected by infertility due to medical factors, to cover the costs for medical procedures pertaining to screening of the surrogate mother, IVF and embryo transfer, prenatal care as well as remuneration of the surrogate mother.

5. The bill also raises the issue of the value of surrogate mother remuneration that is supposed to be established by the Cabinet of Ministers of Ukraine in case of a state-funded surrogacy program and amount to not less than 1800 tax-free minimum incomes in Ukraine (which equals approximately to 4.000 USD). In case of a private surrogacy program the value of remuneration should be determined by the surrogate mother and fixed in the gestational surrogacy agreement with the intended parents that should be certified by notary.

For any queries or assistance please call:

+380959017224