Ukraine has one of the most surrogacy-friendly laws. Here are the main advantages of Ukrainian surrogacy laws:

 

  • Surrogacy and IVF are legal in Ukraine.

 

  • Gestational surrogates have no rights to children they bear.

 

  • No adoption is required: intended parents are recorded as mother and father in birth certificate after childbirth

 

  • Egg/sperm donation is allowed in Ukraine

 

  • Embryo adoption is available for infertile couples and single women in Ukraine.

 

  • Sex selection of embryos is legal in Ukraine.

 

Below are the most essential provisions of Ukrainian laws relating to surrogacy and IVF that guarantee rights of intended parents in Ukraine:

 

281 article of Civil Code of Ukraine:

Any person of full age, a woman or a man, has right to use treatment programs of assisted reproductive technologies according to the procedures and conditions set by the legislation if they have medical indications for it.

 

Article 48 of Law of Ukraine “Basis of legislation of Ukraine relating to health care”:

Application of artificial fertilization and embryo implantation are carried out according to conditions and procedures set by the Ministry of Health Protection of Ukraine provided a woman of full age who undergoes the treatment has respective medical indications, written consent of spouses has been given, anonymity of donor and medical secrecy are ensured.

 

Family Code of Ukraine, article 123:

Determination of a child’s origin born through application of assisted reproductive technologies (ART)

  1. If a wife gives a birth to a child conceived though ART by virtue of written consent of her husband, the husband is registered as a father of this child.
  2. In case of implantation of an embryo conceived by spouses (man and a woman) through ART into a body of another woman, spouses are parents of a child.
  3. Spouses are recognized to be parents of a child born by wife after implantation of an embryo of a human being into her body conceived by her husband and other woman through ART.

 

Family Code of Ukraine, clause 2, article 139 :

A woman who considers herself a mother to a child has a right to enter an action against a woman recorded as a mother of a child to claim recognition of her maternity. Contestation of maternity is not permitted in cases provided by clauses 2 and 3 of article 123 of the Family Code of Ukraine.

 

Which means that surrogates and egg donors have no rights to children born through ART in Ukraine.

 

Order # 787 “Approval of the instruction relating to the procedure of application of assisted reproductive technologies” issued by the Ministry of Health Protection of Ukraine:

Article 1.4: ART procedures can be performed only by licensed duly equipped healthcare institutions. Certificate of accreditation is required if a healthcare institution works for over 2 years.

Article 1.5: Patients are free to choose any healthcare institution for ART treatment

Article 1.14: Any medical assistance relating to ART procedures is provided maintaining confidentiality according to the article 40 of Fundamentals of health protection law of Ukraine

 

Please, note that article 6.9 of the aforementioned Order and subparagraph 11, paragraph 1, Section III of Order # 52/5 “Relating to approval of rules of state registration of acts of civil status in Ukraine” issued by the Ministry of Justice of Ukraine clearly state that:

A certificate of genetic relationship of intended parents (mother or father) to a child/ren born by a gestational surrogate is required at the stage of state registration of birth of such child/ren.

 

This provision means that both or at least one of intended parents must be genetically related to a child/children born by a gestational surrogate.

 

Ukrainian surrogacy legislation is not limited to the abovementioned articles.

More detailed consultation on legal aspect of surrogacy in Ukraine is available to intended parents before start of the program.