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Legislation

Ukraine is one of several countries where gestational surrogate motherhood is legal. Legal regulation of surrogacy relations is determined by separate dispositions of the Family Code of Ukraine, Rules of State Registration of Acts of Civil Status in Ukraine approved by the Order of Ministry of Justice of Ukraine No. 52/5 from October 18, 2000, Order of the Ministry of Healthcare No 787 “About the approval of the Procedure of assisted reproductive technologies use” from September 09, 2013.


Article 123 of the Family Code of Ukraine regulates the determination of origin of a child born as a result of ART. Specifically, Part 2 of the Article determines that “If a human embryo conceived by the spouses (a man and a woman) as a result of assisted reproductive technologies is implanted to another woman organism, the spouses are the parents of the child.


Article 11 of Chapter 1, Section 3 of Rules of State Registration of Acts of Civil Status in Ukraine approved by the Order of Ministry of Justice of Ukraine No. 52/5 from October 18, 2000 establishes the procedure of registration of the birth of the child: “In case of birth of a child by the woman, who was transferred a human embryo conceived by the spouses as a result of assisted reproductive technologies use, the state registration of birth is performed upon the declaration of spouses who gave their consent for such a transfer. In this case together with the document confirming the child birth by this woman, the notarized declaration about her consent for registering the spouses as parents of the child and certificate about genetic affinity of parents /mother or father/ with fetus is to be submitted.


Order of the Ministry of Healthcare of Ukraine from September 09, 2013 No 787“Order manual of appliance of assisted reproductive technologies” establishes order of ART appliance.


Paragraph 1.4. Certified medical institutions are entitled to perform artificial fertilization.


Paragraph 1.5. Patients are entitled to freely choose a medical institution for ART treatment.


Paragraph 1.8. ART are applied according to medical indications upon written free consent of patients and Statement of a patient/patients of ART appliance.


Paragraph 1.7.  Woman and/or man of full age upon their medical indications are entitled to apply to ART treatment.


According to p. 6.4. A healthy woman of full age, who gave birth to a healthy child upon her written free consent and absence of medical contra-indications, is entitled to perform surrogacy.


Paragraph  6.8. If parents of a child born by a Surrogate are foreign citizens they shall inform the address of their temporary residence before processing of documents and departure from country for patronage by specialists-pediatrics and for supervision.


Paragraph 6.9. Registration of a child born through ART by means of surrogacy is conducted according to the order set by the current legislation of Ukraine at the presence of a certificate of genetic relationship of parents (mother or father) with a child.


Besides legal aspects of surrogacy there are many other civil-law questions that may occur between spouse and a surrogate mother. These relations are regulated by contracts.
Thus by the application of current Ukrainian legislative norms, the whole surrogacy process is given a legal framework.

Documents

Documents for the program

Here is the list of documents, contracts, applications, forms for the surrogacy program and egg donation program that are necessary for you to sign.


For intended parents:

  1. form for intended parents;
  2. statement-obligation of intended parents;
  3. contract for services between the agency and intended parents;
  4. contract between intended parents and a surrogate mother;
  5. documents from clinic (blank, contract for IVF treatment, application, agreement).

For a surrogate mother:

  1. form for a surrogate mother;
  2. consent  to participation in the surrogacy program;
  3. consent of the husband of a surrogate mother to participation of his wife in the program;
  4. contract for services between the agency and a surrogate mother;
  5. contract between the intended parents and a surrogate mother;
  6. documents from the clinic (consent to IVF treatment, contract for pregnancy supervision in antenatal clinic;
  7. application – agreement on the registration of intended parents of the baby as legal parents.

For an egg donor:

  1. form  for an egg(oocyte) donor;
  2. consent to participation in the egg donation program;
  3. written application – agreement of the husband for your participation in the egg donation program;
  4. contract between egg donor and the agency;
  5. contract in the clinic for IVF treatment as an egg donor.