Ukraine is one of the few countries where surrogacy is permitted by law.
Surrogacy relations are governed by some provisions of the Family Code of Ukraine, the Rules for State Registration of Civil Status Acts in Ukraine as approved by the Order of the Ministry of Justice of Ukraine No. 52/5 of 18 October 2000, the Order of the Ministry of Health of Ukraine “On approval of the Procedure for the Use of Assisted Reproductive Technologies in Ukraine” No. 787 of 09 September 2013.
Art. 123 of the Family Code of Ukraine regulates determining of the origin of a child born as a result of application of assisted reproductive technologies. Paragraph two of this Article stipulates that “if an embryo conceived by the spouses (man and woman) is implanted into another woman as a result of the use of assisted reproductive technologies, the spouses shall be deemed the parents of the child”.
Paragraph 11, Chapter 1, Section III of the Rules for State Registration of Civil Status Acts in Ukraine as approved by the Order of the Ministry of Justice of Ukraine No. 52/5 of 18 October 2000 establishes the birth registration procedure: “When a child is born by a woman who was implanted a human embryo conceived by the spouses as a result of the use of assisted reproductive technologies, state registration of birth shall be made upon the application of spouses who consented to such implantation. In such case, the document confirming the child’s delivery by such woman shall be accompanied by a statement confirming her consent to registration of the spouses as parents, the authenticity of signature on which shall be notarized, and a certificate of genetic affinity of the parents/mother or father/ with the fetus”.
The Order of the Ministry of Healthof Ukraine No. 787 of 09 September 2013 “On approval of the Procedure for the Use of Assisted Reproductive Technologies” regulates the procedure for the use of assisted reproductive technologies.
In accordance with paragraph 1.4 of the Order No. 787, ART programs shall be exclusively implemented by accredited healthcare institutions.
Paragraph 1.5 of the Order No. 787 provides for the patients’ right to free choice of medical institutions for ART application.
In addition, paragraph 1.8 of the Order No. 787 stipulates that ART shall be applied due to medical necessity based on the patients’ written voluntary consent and the Patient/Patients Application for the ART Use (the relevant form is approved by the Ministry of Health of Ukraine).
In accordance with paragraph 1.7 of the Order No. 787, a full-aged woman and/or man shall have the right to undergo ART treatment programs due to medical necessity.
Paragraph 1.14 of the said Order stipulates that medical support with the use of ART methods shall be provided based confidentially in accordance with Article 40 of the Fundamentals of Ukrainian Legislation on Healthcare.
In Ukraine, a surrogate shall be a woman of full age and legal capacity provided that she has her own healthy child and has given her written voluntary consent, and there are no medical contraindications (paragraph 6.4 of the Order No. 787).
If the parents of the child born by a surrogate are foreign citizens, they shall indicate their temporary residence address before execution of documents and departure from the country to ensure nursing by pediatric specialists and observation (paragraph 6.8. of the Order No. 787).
At present, in accordance with paragraph 6.9. of the Order No. 787, a child born with the use of ART and surrogacy shall be registered in accordance with the procedure as established by the current laws of Ukraine provided that there is a certificate of genetic affinity of the parents (mother or farther) with the fetus.
Apart from purely legal aspects of surrogacy, parenthood recognition and registration, there are a lot of civil law issues arising between spouses and a surrogate. Such relations are regulated by contracts.
Therefore, in accordance with the current laws of Ukraine, the whole surrogacy process is legitimate.