Legislation

Surrogate motherhood in Ukraine is quite developed. The procedure for the registration of newborn children as a result of the surrogate motherhood method is enshrined in the Rules for the State Registration of Civil Status Acts in Ukraine, approved by Order of the Ministry of Justice of Ukraine No. 52/5 of 18.10.2000.

The legal aspects of the application of infertility treatment programs with the use of assisted reproductive technologies (ART) in Ukraine are regulated by:

Family Code of Ukraine Article 123, item 1-3 – the origin of the child born as a result of ART: 1) In the case of the birth of a child, conceived as a result of the use of assisted reproductive technologies, carried out with the written consent of her husband, he is recorded by the father of the child. (Note: the article also applies in cases of traditional surrogate motherhood, when a woman who carries a child for another pair is his genetic mother).

2) in case of transfer of embryo into the organism of another female  conceived by spouses (male and female) as a result of the use of assisted reproductive technologies, the parents of the child are the spouses. (Note: the article is used in cases of gestational surrogate motherhood, when the genetic material of the potential parents of the child is used at conception).

3) Spouses are recognized as the parents of a child born by the wife after transferring into her organism the embryo of a person conceived by her husband and another woman as a result of the use of assisted reproductive technologies.

Article 48 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation” indicates the conditions for performing artificial insemination: The use of artificial insemination and implantation of the embryo is carried out in accordance with the conditions and procedure established by the federal executive body that ensures the formation of public policy in the field of public health, on the medical indications of an adult woman, with which such an action is carried out, with the written consent of the spouses, providing an anonymous mnosti donor and medical confidentiality.

After the choice of the future surrogate mother is made, it is necessary to  legalize the fact of this action.

If the parents of the child born to a surrogate mother are foreign nationals, they must inform the temporary residence address before the documents are issued and  before leaves the country for the implementation of patronage by pediatric and surveillance specialists (item 10, item 7 of Order No. 771). As for the surrogate mother herself, according to the same normative act, she should be an adult  woman, sheshould have her own healthy child, her written, voluntary consent, and also in the absence of medical contraindications (item 4, item 7 of Order No. 771). After the choice of the future surrogate mother is made, it is necessary to legalize the fact of this action. The legal relations on the use of ART are arised between the state and the health care institution (when obtaining a license, fulfilling license conditions, accreditation, control, etc.), between the doctor (health care institution) and the participants in ART programs (when entering into an ART contract, obtaining informed consent , documenting the stages of treatment, registration of documents on the birth of a child, etc.); participants in the ART program (spouses, surrogate mother, between the biological parents of a child born with the help of ART and state authorities (concerning the registration of parental rights, removal of the child from the country by parents who are citizens of other states) .The method of surrogate motherhood was brought to the attention of lawyers, because the relationship of surrogate motherhood is accompanied by the conclusion of the contract, the actual bearing of the child affects the interests of more than one person.In addition, this service is paid for, that’s why, certainly, the application of this reproductive technology is closely connected with jurisprudence.If the physical condition of the surrogate mother suits the doctors, and her personal qualities correspond to the requests of the genetic parents, the parties sign the contract.The current legislation of Ukraine does not establish specific requirements for the surrogate motherhood contract.

We offer approximate terms for such a document:

1) conditions for compensation of expenses for medical care for a surrogate mother;

2) institutions in which fertilization will be carried out and parturition will take place;

3) the duty of a woman to comply with medical prescriptions, his place of residence during pregnancy;

At the end of the planned 9-month gestation period after childbirth, the child can be registered. The procedure for the state registration of the birth of an individual and its origin is regulated by the Order of the Ministry of Justice of Ukraine “On Approval of the Rules for Registration of Civil Status Acts in Ukraine” (the spouse submits the documents to the Registry Office)

After the birth of the child by the surrogate mother for the registration of the newborn, the couple submits a package of documents to the Registry Office, among which there must be a notarized consent of the surrogate mother for the recording by their parents of the child and a certificate of the reproductive clinic about the surrogate motherhood program.