Surrogacy is one of methods of assisted reproductive technologies, supported by a legal agreement, whereby intended parents cooperate with fertility clinic, surrogacy agency, gestational surrogate carriers and egg donor for creating embryos, implanting them into uterus of the surrogate, who voluntarily carries the child or children until birth for these intended parents who will become the child’s legal parents immediately after the child is born.
There are two major types of surrogacy:
1. Traditional surrogacy, in which the woman, who becomes pregnant, is both genetic and gestational mother of the child, so she carries the child as well as has genetic link to it. It is the case when the surrogate agrees to donate her own egg and then carries the embryo, delivers a child, however she relinquishes the custody of the child to the commissioning parents. Traditional surrogacy is prohibited in Ukraine.
2. Gestational surrogacy, in which pregnant woman makes no genetic contribution to the child; a woman only carries a child conceived by intended parents using IVF (in-vitro fertilization) and transferred into her body. The woman impregnated with the genetic material provided by an infertile couple or one partner of the infertile couple, carries an embryo, delivers a child and further renounces custody of the child to the intended parents. Gestational surrogacy is legal in Ukraine.
There is a tendency now to limit the term “surrogacy” to only mean gestational surrogacy, since in case of traditional surrogacy almost every country protects the interests of a surrogate as the genetic mother of the child.
Surrogate, or surrogate mother, or gestational carrier is a woman impregnated with the embryo conceived by other people, she carries the child, genetically not related to her, and renounces custody of the child she delivered to genetic parents.
Intended parents or commissioning parents or genetic parents is a couple of a man and a woman, married and infertile, intending to have a child genetically related to both of them or at least one of them and a donor, for this reason providing their genetic material for in-vitro fertilization and creating own human embryos to be transferred into the body of the surrogate by means of assisted reproductive technologies.
In Ukraine, only gestational surrogacy is legal.