GUIDELINES OF THE UKRAINIAN ASSOCIATION OF REPRODUCTIVE MEDICINE
ON CROSSBOARDER REPRODUCTIVE CARE
The method of extracorporeal (in vitro) fertilization was for the first time applied in Ukraine in 1990 and this year Ukrainian reproductologists commemorate the 20th anniversary of the first child born as a result of IVF technology.
As of today, Ukrainian fertility clinics render full range of fertility testing and assisted conception services.
Still, the Ukrainian Association of Reproductive Medicine expressed concern over scandal reports occasionally surrounding surrogacy programs in Ukraine that undermine the image of Ukrainian specialists in the filed of reproductive medicine. By this reason the Ukrainian Association of Reproductive Medicine is seeking for regulations considering the rights and safety of all parties involved and appeals to all participants of international Assisted Reproduction Technology (ART) programs in Ukraine with the following recommendations:
1. To go back from carrying out surrogacy programs for citizens of the countries where this method of infertility treatment is prohibited. Due to different laws and regulations, governing surrogacy in individual countries, rendering surrogacy services for foreign patients originating from the countries banning surrogacy may be associated with high risk to have complications in obtaining travel documents for a child born to surrogate mother in Ukraine.
2. To obtain legal opinion from a specialized law company/agency on details and responsibility for legal support of ART programs in Ukraine in order to facilitate legalization of a child in the country of residence of the intended parents.
3. To establish requirements for law companies/agencies specializing in the filed of reproductive medicine and prepare a list of such companies and agencies recommended for cooperation with fertility clinics that should be approved by the Board of the Ukrainian Association of Reproductive Medicine.
4. To apply only programs of gestational surrogacy that would exclude genetic relationship between a surrogate mother and a child.
5. To recognize a genetic relationship of at least one of the intended parents with a child as an essential condition for carrying out surrogacy programs.
6. To prescribe fertility treatment by means of surrogacy strictly on medical indications according to provisions of the ‘Instruction on Procedures for Assisted Reproductive Technology’ (Order of the Ministry of Health of Ukraine No. 771 of 12/23/2008).
7. To recognize that gestation of a child by surrogate mother is only possible if the intended parents are officially married.
8. To acknowledge that the best interests of the child that will be brought into the world by a surrogate mother shall be a primary consideration while taking a decision on rendering ART services. At the same time, the age of the intended parents, their social and financial position, state of health should be taken into account.
Source: Open letter of the Board of the Ukrainian Association of Reproductive Medicine outlining its position on detention of two French citizens at Ukrainian boarder while attempting to smuggle surrogate babies out of Ukraine.