Surrogacy law

Ukraine is one of the few countries in the world where the majority of reproductive technologies are absolutely legal. Surrogacy and egg donation are carefully provided for by law and are completely legal in our country. Ukrainian laws in this domain are much more progressive than in the majority of European states.

the Family Code of Ukraine – Article 123, para 1–3 (in the wording of Law No. 524–V dd. 22.12.2006) defines the origin of a child born as a result of implementation of the ART:

Article 123 of the Family Code of Ukraine

When a child is born by a wife as a result of the use of the ART done upon the husband’s written consent, he is registered as the child’s father.
When a human embryo conceived by a married couple (a man and a woman) with the help of the ART is transplanted into the body of another woman, such married couple are the child’s parents.
The married couple are recognized as the parents of a child born by the wife after a human embryo that was conceived by her husband and another woman with the help of the ART was transplanted into the wife’s body.

Article 48 of the Law of Ukraine “Fundamental Principles of the Ukrainian Health Care Legislation”(in the wording as of 12 February 2008 No. 121–VI identifies the conditions for artificial insemination):

Article 48: Artificial Insemination and Embryo Implantation

Artificial insemination and embryo implantation are carried out according to the terms and procedures identified by the Ministry of Health of Ukraine, for medical purposes in an adult female, with respect to which such action is carried out, provided that the written consent of the spouses has been received, and donor anonymity as well as medical confidentiality is ensured.

The procedure of the child’s registration is regulated by Order of the Ministry of Justice of Ukraine No. 140/5 dd. 18.11.2003 “On Amendments and Additions to the Rules of Registration of Civil Status Acts in Ukraine”:

para 22. When a child is born by a woman in whom a fetus was implanted that was conceived by spouses, the birth is registered upon request of the spouses who gave their consent for implantation. In this case, simultaneously with the documents confirming the fact that the child was born by this woman, her written consent verified by a notary is submitted acknowledging that she agrees that the spouses should be registered as the child’s parents. In this case, a respective note is entered in the “Notes” column: “The child’s mother, according to the medical birth certificate Form No. 103/о–95 (z0266–95), is citizen (family name, first name, patronymic)”.

The Civil Code of Ukraine (in the wording dd. 21 January 2010 No. 1822–VI) identifies a group of people who have the right to participate in the ART programs:

Article 281: An adult woman or man have the right for health purposes to be subject of treatment programs using assisted reproductive technologies according to the procedure and terms provided for by law.

Order of the Ministry of Health of Ukraine No. 787 as of 09 September 2013 “On Approving the Use of Assisted Reproductive Technologies” regulates the procedure of the use of reproductive methods.

According to Clause 1.4 of Order No. 787, the ART programs can be implemented exclusively by the accredited health care facilities.

Clause 1.5 of Order No. 787 grants to the patients the right to freely choose medical facilities for the ART implementation.

Furthermore, Clause 1.8 of Order No. 787 reads that the ART are used for health reasons on the basis of the written voluntary consent of the patients using the patient’s/patients’ Request for the ART use (there is a template approved by the Ministry of Health of Ukraine).

Clause 1.7 of Order No. 787 provides that an adult woman and/or man have the right for health purposes to be administered the ART treatment programs.

In accordance with Clause 14 of the aforementioned normative document, medical assistance using the ART methods is provided in the conditions of confidentiality in accordance with Article 40 of the Fundamental Principles of the Ukrainian Health Care Legislation.

According to Clause 5.1 of Order No. 787, gamete or embryo donation is a procedure in which donors, in accordance with their written voluntary consent, provide their reproductive cells – gametes (sperm, oocytes) or embryos to be used by other persons for infertility treatment.

Embryo implantation is done for health purposes in an adult woman, with regard to whom such procedure is carried out provided written consent of the patients has been obtained, and donor anonymity as well medical confidentiality is ensured.

In accordance with Clause 5.5. of Order No. 787, oocyte donors may be:

females;
immediate relatives;
anonymous voluntary donors;
ART program patients who, in accordance with their written voluntary consent, provide some of their oocytes to the recipient.

Order No. 787 sets forth special requirements for oocyte donors (Clause 5.5.), namely:

they can be women aged 18 to 36;
having a healthy born child;
having no negative phenotypic manifestations;
with satisfactory somatic health condition;
without contraindications for participation in the oocyte donation program;
having no hereditary diseases;
with no bad habits: drug, alcohol, substance abuse.

This order also identified a list of documents required for oocyte donation (Clause 5.9.):

informed written consent for oocyte donation;
oocyte donor questionnaire;
individual record of an oocyte donor.

In Ukraine, a surrogate mother can be an adult legally competent woman who has a healthy child of her own, has given her written voluntary consent, and has no medical contraindications (Clause 6.4. of Order No. 787).

When parents of the child born by a surrogate mother are citizens of another country, they have to state the address of their temporary residence before they receive the documents and leave the country for the follow-up of the child by specialists from the pediatric and monitoring departments (Clause 6.8. of Order No. 787).

At present, according to Clause 6.9. of Order No. 787, registration of a child born with the help of the ART by a surrogate mother is done in accordance with the procedure specified in the applicable Ukrainian legislation provided there is a certificate confirming genetic relationship of the parents (mother or father) with the fetus (child).

We organize provision of highly qualified medical and legal assistance to you at all stages of surrogacy programs regardless of which program package you select.

Standard

The Standard Surrogacy Program Package offered by the babyforyou Agency includes all the necessary options aimed at achieving the main goal of our cooperation – to make you happy parents of your own healthy child.

Premium

The babyforyou Agency’s program “Surrogacy Premium” includes all the options necessary to achieve your goal – to have your own baby. The contract is based on the “all inclusive” system.

VIP

The VIP program belongs to the “all inclusive” tariff series. It is developed and calculated on the basis of any wishes you may have.

Surrogacy law

Legal surrogacy in the world. Nowadays surrogacy motherhood is like a ray of light in the dark for couples that can’t have their own babies because of problems with health. The quality of the surrogacy motherhood services is so high in the modern world that number of people who create families in such way rise from year to year very rapidly. The important moment for couples is that parents of the future surrogate child should familiarize with all surrogacy process. They should take into account all information about medical component of this process as well as legal side of surrogacy parenting which consists of list of surrogacy laws. Surrogate motherhood is the most debatable and the least regulated problem in legal terms and surrogacy laws in different countries may differ a lot.

If your couple has residually decided to use surrogate motherhood services, specialists highly recommend you to understand all the intricacies of surrogacy laws. All legal nuances of surrogacy laws should be carefully worked out by you and your lawyer in order not to have further problems and do not face the swindlers. Because of permanent increasing of surrogacy clinics and surrogacy agencies number, the number of people which illegally make money on it has increased too. In addition to this you should clearly work out if the surrogacy motherhood is allowed by the surrogacy law in your country or in a country where you want to look for surrogate mother. There is a list of countries where surrogacy motherhood is completely prohibited by appropriate surrogacy laws. For example in Austria, Italy, France, Switzerland, Norway, Sweden legal surrogacy is forbidden. In Germany it is also prohibited and moreover in a case of surrogacy law violation doctors and intermediaries will be punished rather than the parents and the surrogate mother. In some countries the surrogacy law does not strictly prohibit surrogate motherhood, but it also does not regulate it. Among these countries are Belgium, certain countries of Latin America, Greece, Ireland and Asia.

Non-commercial surrogacy is permitted by surrogacy laws in Australia, the United Kingdom (in this country payment for current expenses of a surrogate mother is allowed), Denmark (allowed only with significant restrictions), Israel, Spain, Canada, the Netherlands (advertising of surrogate motherhood is banned as well as offering candidates for surrogate mothers services and their recruitment), and in such states as New Hampshire and Virginia in USA. In USA the surrogacy practice is rather widespread and is permitted by appropriate surrogacy law. There are a lot of agencies and clinics that offer surrogacy motherhood services. Their actions are fully allowed by the surrogacy law. The USA has a wide database of donor eggs for women who can not afford their own egg for chosen surrogate mother. Everybody who needs it can select an appropriate donor who will suit parents by ethnicity, religion and appearance.
Surrogacy, including commercial variant of surrogacy, is allowed by surrogacy law in the United States, South Africa and in Ukraine. The Family Code of Ukraine, which entered into legal force on 1 January 2004 has legalized surrogacy motherhood thus making the Ukrainian legislation one of the most favorable in the world to undergo this type of programs without any problems connected with surrogacy laws.

Surrogacy laws

Surrogacy laws in Ukraine. According to Article 123 of the Family Code of Ukraine legal issues of surrogate motherhood are governed. This Article provides the information about procedure of determining the origin of the child from the father and mother, who was born by artificial insemination and embryo implantation. It tells that in the case of implantation into the body of another woman of the embryo which has been conceived by spouses, or if the fetus, conceived by a man who is married, and another woman is implanted into the body of his wife – it is determined that the couple are the parents of such surrogacy child.
One of the most important documents that can make you fully protected under the surrogacy laws is agreement on surrogate maternity. This document regulates relations between spouses and surrogacy mother and can prevent possible negative legal risks. Agreement of surrogate motherhood have to be only in written form and it is obligatory must be notarized. The subject of surrogacy agreement is to provide services of bearing the child by a surrogate mother, the birth of this child by surrogate mother and its further transferring to the genetic parents.
According to surrogacy law genetic parents have the following rights:

They have the right to know everything about the health of the surrogate mother,
they are allowed to present at the doctor’s office with a surrogate mother,
have unrestricted access to the medical records of a surrogate mother,
have the right to know her whereabouts, have a permanent contact with her,
can visit the surrogate mother at her home by noticing of their visit in advance and so on.

At the same time surrogacy law says that the surrogate mother has a right to know all medical details of the surrogacy procedure, is allowed to pass a medical examinations and consultations at the request and at the expense of the genetic parents, has a right to receive remuneration for her services after the end of surrogacy procedure.

Juridical documents. It also should be mentioned that there is a list of mandatory juridical documents that should accompany surrogacy motherhood in accordance with the surrogacy law in Ukraine. According to surrogacy laws these documents must be signed by biological parents, clinic and surrogacy mother. Among these documents are: statement by the patient (the spouses) on the use of assisted reproductive technologies – namely, the application to them procedure of surrogate motherhood; the application of a surrogate mother about her participation in surrogate maternity and surrogate program; notarization statement on bearing of biological parents’ fetal by the surrogate mother; notarized agreement of a spouse of a surrogate mother on his wife’s involvement in the process of surrogate motherhood; notarized agreement about surrogacy motherhood; notarized statement (agreement) of the surrogate mother for the indication the spouses (biological parents) as the child’s parents; certificate of accredited medical institution on the application of assisted reproductive technologies and genetic child’s relationship with one of the spouses (biological parents). The above list of documents is required, but not exceptional. The absence of any document, failure to comply with the form or content in most cases leads to disputes and litigation connected with the surrogacy laws. It is always highly recommended for couples to take seriously all requirements to surrogacy motherhood that are outlined in the surrogacy law. If you do everything right, surrogacy laws will always be on your side thus saving you from any worrying.