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Citizenship and Travel Documents

In Ukraine, the intended fathers in surrogacy cases usually transfer own citizenship to their children. Sometimes, it also could be a mother if she has genetic link to her child. For example, USA residents ladies can transfer their USA residency to their children with who they have genetic connection.

Another way of acquiring of citizenship is by the soil of birth. Children born in Ukraine have a right to obtain Ukrainian citizenship under some conditions.

When intended parents – spouses are considered the legal parents of a child, and an embryo was conceived by them using Assisted Reproductive Technology and transferred into the body of another woman – gestational surrogate for carrying, the child subsequently acquires citizenship of his parents – the married couple, usually, of his intended father with who the child has genetic connection.

According to the Law «On the Citizenship of Ukraine» a child born within the territory of Ukraine by foreigners can acquire the citizenship of Ukraine only in the event that the child has not acquired the citizenship of his/her parents, and that the parents live permanently within the territory of Ukraine on legal grounds, like rent agreement for at least one year for a real estate, and not overstaying official legal period in Ukraine.

Thus, we should apply conditions of «Procedure of Entry to Ukraine for Foreigners and Stateless Persons, their Exit from Ukraine and Transit through its Territory”, according to which foreigners and persons without citizenship shall enter/exit Ukraine through the crossing points on the State border in case of presence of a national passport and a visa, if otherwise is not specified by the Ukrainian legislation. Citizens of the countries which have concluded international agreements with Ukraine on visa-free travelling enter into/exit from Ukraine with a valid national passport.

Therefore, after having got the birth certificate, parents have to apply to the Consular Office of their country to get a passport or travel document for the child and leave Ukraine as a complete family: father, mother and newborn children after successful process of obtaining their country’s ID for their children.

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