Despite advancements and innovative technologies, the issue of infertility remains acute in every corner of the world. That is why thousands of couples unable to have children rely on surrogacy. Ukraine is one of the few countries that legally allow the use of this form of assisted reproductive technology as a means for individuals to realize their non-proprietary rights, as enshrined in Article 51, Section 3 of the Constitution of Ukraine, and Article 49, Section 1 and Article 50, Section 1 of the Family Code of Ukraine.Unlike several other countries where only altruistic surrogacy, which does not involve financial compensation, is permitted, Ukraine provides the opportunity to engage in commercial surrogacy. This gives many Ukrainian and foreign couples a chance at parenthood.In terms of the legal aspect of this issue, surrogacy can be considered a service involving the carrying and giving birth of a child by a surrogate mother, and the transfer of the child to the intended parents, who are the biological parents.The legal aspects of the relationship between the surrogate mother and the potential parents are regulated through the conclusion of relevant contracts between these parties.
According to the Procedure for the Application of Assisted Reproductive Technologies in Ukraine, approved by the Ministry of Health of Ukraine on September 9, 2013, the necessary conditions for conducting surrogacy and entering into a contract with prospective parents are as follows:● Officially registered marriage: Only married couples can avail themselves of this service. Single individuals or same-sex couples do not have this option.● Medically diagnosed indications: The woman must prove that she is unable to conceive, carry, and give birth to a child on her own. Therefore, there must be valid reasons for resorting to this method. The indications established by the Ministry of Health of Ukraine include the absence or deformities of the uterus, synechiae, four or more failed IVF attempts, severe somatic diseases, and so on.● The couple or at least one of the parents must have a genetic connection to the child.● Written consent from both prospective parents must be obtained.
As for the requirements for the surrogate mother, she must be of legal age, capable of acting, have a healthy child, have no medical contraindications, and provide written consent to participate in the program. It is even allowed for close relatives of the prospective parents, such as the mother, sister, or cousin, to provide this service. Depending on the clinic providing the services, these requirements may vary and be supplemented.Among the mandatory necessary documents is a notarized written contract between the surrogate mother and the couple, which is executed in two copies – one for the prospective parents and one for the surrogate mother. In the case of foreign citizens, the contract is certified in two languages: Ukrainian and the native language of the couple.
Surrogacy in Ukraine is regulated by the following legislative acts:● Article 281 of the Civil Code of Ukraine (as amended on January 21, 2010, No. 1822 VI).● Article 123 of the Family Code of Ukraine, paragraphs 1-3 (as amended by Law No. 524-V of December 22, 2006).● Article 48 of the Law of Ukraine "Fundamentals of Ukrainian Legislation on Healthcare" (as amended on February 12, 2008, No. 121-VI).● Order of the Ministry of Health of Ukraine No. 787 of September 9, 2013, "On Approval of the Procedure for the Use of Assisted Reproductive Technologies in Ukraine." From a legal perspective, the advantages of undergoing a surrogacy program in Ukraine include the following:● Surrogacy agreements concluded on a commercial basis are permitted in Ukraine without any restrictions on the amount of compensation for the surrogate mother.● No need for approval from a special authority (as required in adoption cases).● The names of the genetic parents are stated in the child's birth certificate from the very beginning.● According to the law, the surrogate mother does not have any parental rights regarding the child born through a surrogacy program. The legal parents of the child born through a surrogate mother are exclusively the genetic parents.