Legality of surrogacy in Ukraine
Ukraine is one of the few states in the world where surrogacy is supported and regulated by law. Most of European countries refused to use this method of infertility treatment. For example, in Germany, the Supreme Federal Court issued a bill that banned surrogacy in the country. In Ukraine, congresses in the field of reproductology are held annually, attended by experts from all over the world. There are more than 30 private ART clinics (in Kyiv, Kharkov, Odessa, Dnipro), thanks to which more than 12,000 children have been born. High quality of medical services, many years of experience and responsible surrogate mothers – all this makes Ukraine the center of medical tourism, couples from all over the world come to us for infertility treatment.
According to the Order of the Ministry of Health of Ukraine No. 787:
- Adult men and women have the right to go to the infertility treatment centers,
- infertility treatment programs are subject to strict confidentiality,
- egg donors can be both anonymous volunteers and relatives of the female patient.
Ukrainian legislation clearly defines the duties and rights of program participants:
- surrogate mother services can be used by couples to treat infertility,
- the law obliges agencies and medical centers to keep medical confidentiality.
The quality of all medical procedures that are carried out throughout the program is strictly controlled by law. Spouses receive detailed information about all the nuances of the program, the results of the survey, all kinds of risks.
The relationship between the spouses and the surrogate mother is regulated by the contract that they sign before the start of the program.
The contract protects the rights of the parties and determines their obligations:
- the married couple pays the surrogate mother monetary compensation for the services provided in the amount specified in the contract,
- a surrogate mother agrees to transfer the newborn to parents after childbirth, does not acquire any parental rights to the child and does not have the right to challenge this in court.
According to the law, the names of mom and dad are recorded in the birth certificate immediately, without any approval in court.