Surrogacy in Ukraine in 2026: between legal review, ethical disputes and international attention

Surrogacy has once again found itself in the center of public and political attention in Ukraine. Against the backdrop of war, demographic losses, international legal conflicts and discussions about the limits of reproductive technologies, the state continues to search for a new model for regulating this area. As of today, surrogacy in Ukraine remains legal within the current legal framework, but there is an active discussion around it of possible legislative changes, increased control and revision of the rules for access to such programs for foreigners.

One of the main news topics of recent times is attention to the legislative regulation of assisted reproductive technologies. The official portal of the Verkhovna Rada of Ukraine has published data on the draft law on the use of assisted reproductive technologies, registered in 2025, which as of 2026 is in the process of parliamentary consideration. Its appearance indicates the state’s intention to systematically update the rules in an area that has been developing faster than the regulatory framework for a long time. The focus is on the rights of potential parents, the rights of the woman carrying the child, mechanisms of state control and the issue of mediation in the field of reproductive services.

Earlier, the relevant parliamentary committee reported on the preparation of approaches that should make this area more regulated and predictable. Among the ideas that have already been voiced in the public space are clearer requirements for a surrogate mother, restrictions or prohibitions on mediation, a ban on aggressive advertising of relevant services, as well as stricter rules for protecting the rights of the child. For Ukraine, this issue is not only medical or private, but also political: before the full-scale war, the country was considered one of the European centers of commercial surrogacy due to relatively liberal legislation and the lower cost of programs compared to a number of other countries.

It is the international dimension that makes the topic particularly sensitive. In recent years, there have been many cases where foreign citizens who have used surrogacy programs in Ukraine have faced difficulties in registering their paternity in their home countries. If surrogacy is prohibited or severely restricted in the country of origin of the prospective parents, the child may find himself in a difficult legal situation. That is why Ukrainian legislators and experts are increasingly speaking about the need to bring the procedures into line with clear standards in order to minimize risks for newborns and prevent a legal vacuum after the birth of the child.

At the same time, the topic of surrogacy invariably causes sharp ethical disputes. Supporters of the current model emphasize that assisted reproductive technologies give people who cannot have children in any other way a chance at parenthood. Critics warn that in the absence of sufficient control, this area can create conditions for the exploitation of women, especially those in difficult financial situations. That is why arguments are increasingly being heard in public discussions not only about freedom of reproductive choice, but also about the need to ensure real informed consent, proper medical care, psychological support and legal protection of all parties.

Separately, the emphasis on the rights of the child is increasing. In international discussions on reproductive technologies, it is increasingly emphasized that any legal or administrative decisions should be based primarily on the best interests of the child, and not only on contractual relations between adults. For Ukraine, this issue is especially important in wartime conditions, when social protection systems are already under heavy strain. Therefore, the focus of the discussion is not only on medical aspects, but also on mechanisms for birth registration, guarantees of family unity, cross-border recognition of documents and prevention of situations in which a child may be left without proper legal status.

It is significant that the Research Service of the Verkhovna Rada has already drawn attention in separate analytical notes to the comparison of Ukrainian legislation with the approaches of the European Union and the USA. These materials note that different countries apply fundamentally different models: from almost complete prohibition to clearly regulated permission with developed state supervision. For Ukraine, this means that the new legislation, if adopted, may be an attempt to move from fragmented regulation to a more complete, comprehensive system of rules in which issues of medical practice, civil law and human protection will be considered as a single whole.

Another factor fueling public interest in the topic is reports of possible abuses and criminal risks in the field of reproductive services. Such cases often become an argument in favor of strengthening state supervision, more transparent reporting by clinics, and stricter control over document processing. For supporters of reforms, it is obvious: if the state does not establish clear rules for all participants in the process, then legal loopholes may be used not in the interests of families or children, but in the interests of shadow schemes and unscrupulous intermediaries.

Thus, the news surrounding surrogacy today concerns not only individual high-profile stories, but also a deeper process of rethinking the entire model of regulation of this area in Ukraine. The key question is whether the state will be able to find a balance between people’s right to use assisted reproductive technologies, protecting women from possible exploitation, guaranteeing children’s rights, and the need for transparent, controlled procedures. This will determine whether Ukraine will remain a country with permitted surrogacy in its current form, or whether it will receive a significantly updated and more tightly regulated system in the coming years.