Is surrogacy legal in Ukraine?
Yes, surrogacy is legal in Ukraine, according to the part 2 Article 123 of Family Code of Ukraine. However, there are conditions for using surrogacy services in Ukraine. You can read about it below.
In Ukraine, intended parents must have certain medical conditions for a doctor reproductologist to assign surrogacy to them as an infertile couple. Mostly, list of diagnosis has women’s diseases, but it also has some men’s problems with fertility.
By Ukrainian law child’s genetic link to at least one of the intended parents is a must.
Only married couples consisting of a man and a woman are allowed to have surrogacy in Ukraine.
Advantages of surrogacy in Ukraine are overwhelming! See for yourselves:
– Commercial or paid surrogacy arrangements are allowed without limitation of remuneration of a gestational surrogate carrier;
– No decision of any special committee is required;
– No court order is required (unless intended parents’ country requires that);
– No further adoption procedure is required (unless intended parents’ country requires that);
– Birth certificate is issued in the name of the intended parents immediately after the child’s birth;
– Gestational surrogate carrier has no right to be deemed as a legal mother of the child she delivered while participating in the surrogacy program. Only intended parents and their spouses are considered the legal parents of the child born by the gestational surrogate mother;
– Every child born on the territory of Ukraine has a right for obtaining citizenship of Ukraine.
Family Code of Ukraine, which came into force on 01/01/2004 and legalized surrogacy in Ukraine making the Ukrainian law one of the most favorable in the world in respect of surrogacy and supporting the individual’s reproductive rights, stipulates the following:
Article 123. Maternal and paternal affiliation of the child born as a result of assisted reproductive technology
1. If the wife delivers the child, conceived using Assisted Reproductive Technology, upon written consent of her husband, the latter shall be registered as the father of the child born by his wife,
2. If the embryo conceived by the spouses using Assisted Reproductive Technology is transferred into the body of another woman, the spouses shall be the parents of the child.
3. The spouses shall be considered as the parents of the child, born by the wife, when an embryo conceived by her husband and another woman was transferred into the wife’s body.
The following legal acts regulate surrogacy in Ukraine:
– Family Code of Ukraine;
– ‘On Vital Statistics Registration’, Law of Ukraine of 07/01/2010 No. 2398/VI;
– ‘Rules for Vital Statistic Registration in Ukraine’ of 10/18/2000 No. 52/5;
– ‘Instruction on Procedures for Assisted Reproductive Technologies’, Order of the Ministry of Health No. 787 of 09/09/2013;
– ‘On Citizenship of Ukraine’, Law of Ukraine of No. 2235-III of 01/18/2001;
– ‘Procedure for extending the period of stay and extending or reducing the period of temporary stay of foreigners and stateless persons on the territory of Ukraine’, Decree of the Cabinet of Ministers of Ukraine No. 150 of 02/15/2012.