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Surrogacy in Ukraine: Legal Aspects

How safe is surrogacy in Ukraine from the legal point of view? The European Society for Human Reproduction and Embryology (ESHRE) considers surrogacy to be a morally acceptable method of treating infertility. For many couples, it is the only way to get a child. However, the procedure is prohibited in a lot of countries. So what about Ukraine?

Is Surrogacy in Ukraine Legal?

Ukraine is considered one of the “friendly” countries for surrogacy. 

All types of surrogacy are legal in Ukraine:

  • altruistic (without payment for the surrogate mother);
  • commercial (with compensation for the surrogate mother);
  • traditional (the surrogate is the biological mother of the child);
  • gestational (the surrogate has no biological connection with the child).

Agencies and clinics provide the service based on certain provisions of the Family Code of Ukraine, the Rules of State Registration of Civil Status Acts in Ukraine as well as on Order No. 787 “On Approving the Procedure for Using Auxiliary Reproductive Technologies in Ukraine of the Ministry of Health of Ukraine”. According to this document, couples who are found to be infertile can seek reproductive health care. It can be both citizens of Ukraine and foreigners.

In Ukraine, surrogacy is absolutely legal and safe. Quality clinics like New Life fulfill the contracts in accordance with the Ukraine surrogacy laws, according to which the child belongs only to the prospective parents from the moment of conception. Of course, it is their names that are stated in the birth certificate. Another pleasant thing for future parents is that in countries where the procedure is permitted only without payments for surrogates, the surrogate has the right to sue custody, but not in Ukraine. In Ukraine, the procedure is regulated by 123 articles of the Family Code of Ukraine, according to which surrogate mothers are not granted any parental rights, even if donors were used.

Ukraine surrogacy lawsWhy do Couples choose Ukraine?

There are only a few countries in the world where there is a practice of surrogate motherhood. Surrogacy is permitted in 13-15 countries such as Italy, Germany, Sweden, Norway, etc., but a lot of couples choose Ukraine. Many foreign experts say that the demand for the Ukrainian market has grown by 1000%.

Today the country can be called the capital of surrogacy. Right now, reproductive technologies are among the three most popular medical services (after ophthalmology and dentistry) that are in demand among foreign citizens in Ukraine. The state of reproductive medicine has advanced a lot, and the level is increasing every day.

Ukraine is one of the best options for surrogate motherhood, as it provides quality services of the highest European level, has the most favorable laws regarding this procedure, as well as pleasant prices (which range from 30,000 to 50,000 EUR compared to $80,000-120,000 in the United States). That is why the country is becoming the global center for surrogacy. Large clinics such as New Life have modern equipment and highly qualified staff with extensive experience. Surrogacy law in Ukraine is in support of surrogacy agreements for couples. 

What is needed for surrogacy in Ukraine?

Surrogacy in Ukraine is strictly regulated, which makes it a safe and stable place to create your family. It also means that you will need to formalize the entire procedure, as well as provide some documents:

  • Passport/ID photocopies of prospective parents;
  • Marriage certificate;
  • A letter from the doctor indicating the diagnosis.

All these documents are necessary to consider the situation and ensure the necessary quality of service. You should clearly follow the rules because the more correctly you arrange everything, the greater the chance that the clinic will approve your case as soon as possible and offer your services. In the last stages of pregnancy, as a rule, a surrogate mother in Ukraine moves from her home to the home of the genetic parents of the child (or to the living space they rent) and spends the last months there.

The registration of a child born as a result of a surrogate motherhood program is carried out in accordance with the procedure for registering civil status acts.

A pleasant advantage is that Americans and Europeans do not need a visa to enter Ukraine. However, the prospective parents will need to apply for citizenship for the child. Therefore, couples who plan to sign a contract for surrogacy in Ukraine should consult with a family law expert. Fortunately, large clinics such as New Life provide their own lawyers to help you solve any problems.

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