Ukraine

Surrogacy is a method of assisted reproduction where a woman agrees to carry and give birth to a child for another person or couple. Ukraine has become a prominent destination for surrogacy due to its relatively liberal laws and well-established medical facilities. This blog will delve into the surrogacy laws in Ukraine, highlighting the legal framework, eligibility criteria, and the processes involved.

Legal Framework

Ukraine is one of the few countries where commercial surrogacy is legal and well-regulated. The legal framework governing surrogacy in Ukraine is designed to protect the rights of all parties involved, including the intended parents, the surrogate mother, and the child. The primary legislation includes:

1. Family Code of Ukraine:
   • The Family Code recognizes surrogacy agreements and provides the legal basis for the intended parents to be recognized as the legal parents of the child from birth.
2. Civil Code of Ukraine:
   • This code includes provisions related to the contracts and agreements between the surrogate mother and the intended parents.
3. Order No. 787 of the Ministry of Health of Ukraine:
   • This order outlines the medical and procedural aspects of surrogacy, including the requirements for surrogacy clinics and the medical procedures involved.

Eligibility Criteria

For Intended Parents:

• Marital Status: Only married heterosexual couples are eligible to enter into a surrogacy agreement in Ukraine.
• Medical Necessity: The couple must provide medical proof of infertility or medical conditions that prevent pregnancy, making surrogacy a necessary option.
• Citizenship: There are no citizenship requirements, making Ukraine an attractive option for international couples.

For Surrogate Mothers:

• Age: Surrogate mothers must be between 21 and 35 years old.
• Health: They must be in good health, with at least one healthy child of their own, and must pass thorough medical and psychological screenings.
• Voluntary Consent: The surrogate must provide informed consent and must not have any financial or psychological coercion.

Surrogacy Process in Ukraine

1. Choosing a Surrogacy Agency or Clinic:
   • Intended parents typically start by selecting a reputable surrogacy agency or clinic. These agencies facilitate the entire process, from matching with a surrogate to legal documentation and medical procedures.
2. Medical Screening and Legal Agreements:
   • Both the intended parents and the surrogate mother undergo medical screenings. Legal agreements are then drafted and signed, outlining the rights and responsibilities of all parties.
3. Embryo Transfer:
   • Once the legal formalities are completed, the IVF process begins. Embryos created using the intended parents’ (or donors’) gametes are transferred to the surrogate mother’s uterus.
4. Pregnancy and Birth:
   • The surrogate mother carries the pregnancy to term. Throughout the pregnancy, she receives medical care and support as stipulated in the agreement.
5. Legal Parentage:
   • Upon birth, the intended parents are recognized as the legal parents of the child. Their names are directly entered on the child’s birth certificate, and the surrogate mother relinquishes all parental rights.

Rights and Protections

Intended Parents:

• Ukrainian law ensures that the intended parents are recognized as the legal parents from the moment of birth. There is no need for adoption or further legal processes to establish parentage.

Surrogate Mothers:

• Surrogate mothers are protected by laws that ensure they receive proper medical care and compensation as agreed in the surrogacy contract. They also have the right to informed consent and can refuse to continue with the surrogacy agreement before the embryo transfer.

Children:

• The law ensures that children born through surrogacy have the same legal rights as any other child, with their intended parents being their legal guardians from birth.

Challenges and Considerations

While Ukraine offers a favorable legal environment for surrogacy, there are some challenges and considerations to keep in mind:

1. Ethical Concerns:
   • The commercialization of surrogacy raises ethical questions about the exploitation of surrogate mothers, particularly those from economically disadvantaged backgrounds.
2. Legal Risks:
   • Although the laws are clear, international intended parents must ensure that their home country will recognize the surrogacy agreement and the legal parentage established in Ukraine.
3. Emotional and Psychological Aspects:
   • Surrogacy is a complex process that involves emotional and psychological challenges for both the surrogate mother and the intended parents. Proper counseling and support are crucial.

Conclusion

Surrogacy in Ukraine is governed by a robust legal framework that provides clarity and protection for all parties involved. The country’s liberal laws, combined with advanced medical facilities and professional surrogacy agencies, make Ukraine a popular destination for couples seeking to build their families through surrogacy. However, it is essential for intended parents to thoroughly understand the legal requirements, ethical considerations, and potential challenges before embarking on this journey. Consulting with legal experts and reputable surrogacy agencies can help ensure a smooth and successful surrogacy experience.