Does surrogacy forbidden in Ukraine?

Comments: 0 | August 10th, 2018

During last two months, there was a lot of controversies around programs of surrogate motherhood in Ukraine. The reason for such an upsurge was the illegal activities of the BioTexCom  clinic that were conducted 7 years ago. This recent disclosure conduced to the spreading of fake information. About prohibition of conducting surrogacy programs in all Ukrainian clinics.

But in reality, the situation is different.

Disclosure of BioTexCom clinic

In July 2018, the Attorney General of Ukraine, Yuriy Lutsenko declared at the briefing in Kiev about the revealed unlawful case in the field of reproductive medicine:

Ukrainian clinic” BioTexCom “, which provided assistance to infertile couples in the search for surrogate mothers, has a case when the biological material, used for conception of the child, did not belong to the father.This institution forged documents and gave their customers someone else’s (biologically) children.

Due to the legislation of Ukraine, a child must have a genetic connection with at least one of the parents. However, this rule was neglected by reproductive company.”

According to the law of Ukraine, a child must have a genetic link with at least one of the parents. However, this rule was neglected by the reproductive company.

Such case was disclosed by Italian law guards in 2011.

Representatives of the BioTexCom clinic were informed about suspicion in human trafficking. On the basis of the revealed facts, criminal proceedings were opened according to parts 1 and 3 of article 149 (human trafficking or other illegal agreement regarding to a human) and part 3 of article 212 (evasion of taxes payment, fees (compulsory payments) ) of the Criminal Code of Ukraine.

During the investigation, the clinic “BioTehKom” suspended its work. This was the situation that caused spreading of fake information about the impossibility of signing contracts in all clinics for the next 3 months.

Such false information can spoil the reputation of all other clinics that continue to work legally and according to the legislation of Ukraine.

Surrogacy motherhood is legal in Ukraine!

In the real situation, there were no changes in the law of Ukraine regarding the program of surrogate motherhood! Reproductive programs are absolutely legal!

The use of surrogate motherhood is allowed and continues to operate on the basis of Article 123 of the Family Code of Ukraine and Order 787 of the Ministry of Health of Ukraine “On Approval of the Procedure for the Application of Assisted Reproductive Technologies in Ukraine”.

The Ukrainian Association of Reproductive Medicine (UARM) has published its official statement regarding this situation.

The statement refutes rumors about any changes in legislation concerning surrogate motherhood.

UARM confirms that all clinics of reproductive medicine continue to work in the usual way, observing the norms of the current legislation.

UARM official attitude

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Ukrainian Association of Reproductive Medicine (UARM) official attitude regarding status of legislative regulation of surrogate motherhood in Ukraine

Considering the declaration made by one of the Ukrainian reproductive medicine clinics on changes to the legislation of Ukraine, which deals with surrogate motherhood and suspension of all new contracts in this field within three months by this clinic, as well as incomprehensible information that this applies to all Ukrainian Clinics of Reproductive Medicine, we wish to state the following:

1.    To date, there have been no changes in the Law of Ukraine, that regulates industry of Assisted Reproductive Technologies (ART), in particular surrogate motherhood.

2.    In Ukraine, the method of surrogate motherhood is based on Article 123 of the Family Code of Ukraine and Order No. 787 of the Ministry of Health of Ukraine. In relation to surrogate motherhood, according to existing regulatory documents, the basic conditions for its conduct are:
a) Official marriage between a man and a woman.

b) The existence of woman’s medical indicators in accordance with the list set out  in Order No. 787 of the Ministry of Health of Ukraine

c) Genetic connection with at least one of the spouses (husband or wife);

d) Absence of genetic connection between a surrogate mother and a child.

Also need to be considered a possibility of child registration under the laws of the parents’ state or country of residence.

3.    Ukrainian Association of Reproductive Medicine (UARM) has been initiating generalization of main provisions in law for years. Thus, the Bill No. 8629 about assisted reproductive treatment (ART), prepared by the working group of people’s’ deputies of Ukraine and the Board of the UART, was registered with the Verkhovna Rada. It should be noted, that the Parliament has registered 5 bills relating to ART and surrogate motherhood.

UARM aims to adopt a Law, that would comprehensively regulate sphere of ART, as well as define the rights, duties and legal status of all participants in such programs, responds most adequately moral and ethical values.

4.    All reproductive medicine clinics which are the members of UARM continue to work in a usual mode, in compliance with existing legislation.

We would like to reiterate, that UARM plans to continue devoting more attention to explanatory work among the public and medical officials, including standards and modalities of the ART programs, as well as the creation of positive image of reproductive medicine clinics’ work, through the promotion of Ukrainian I.V.F. Specialists’ accomplishments via media, who, in fact, are among the best  in the world.

With respect,

President of the UARM Prof. Yuzko S

Attitude of the center of VittoriaVita

Our attitude is the strict adherence to legislation. All programs are conducted in accordance with the orders of the MOH (Ministry of Health) and the legislative base of Ukraine. Also, all programs are performed only with the DNA test in an independent laboratory “Centro de analisis geneticos Citogen”

This gives a guarantee that the children born by the surrogate mother are genetically linked to their parents.

The team of VittoriaVita understands that the surrogate motherhood program is a difficult way and a serious step for the clients, they will have to experience strong feelings and emotions. Therefore, the key position in working with our patients is also support, respect, transparency of the process and mutual trust. We are absolutely open. During the whole process of the program we provide consultations to our clients, and let them know about our actions.

How to participate in surrogacy program in Ukraine?

Team of VittoriaVita cannot leave people who turned out to be hostages of current rough situation.

We will help you on your way to the desired child and offer you special conditions.

To find out about them – contact us or fill out the form below.

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