Surrogacy Law in Ukraine – Protection of your Rights

Ukraine is one of those few countries where usage of ART (Assisted Reproductive Technologies) particularly surrogacy, egg/sperm donation are absolutely legal and are conducted strictly according to the Ukrainian legislation. Government of the country has worked out special surrogacy laws which regulate all the aspects connected with surrogacy programs, define the duties and protect the rights of all the participants of such a kind of infertility treatment.

Civil Code of Ukraine (from January 21, 2010 No. 1822-VI) regulates who has the right to participate in programs of infertility treatment:

Article 281. Women or men of full age are entitled to have been treated with Assisted Reproductive Technologies in accordance with their medical indications in order prescribed by the law.

Article 48 of Law of Ukraine “Fundamentals of Health Legislation of Ukraine” defines that usage of IVF and embryo implantation should be conducted according to the norms established by the Ministry of Health of Ukraine on the grounds of medical indications of an adult woman who is going through the course of infertility treatment in the presence of spouses’ written agreement, ensuring of donor’s anonymity and retention of medical secrecy.

Article 123 of The Family code of Ukraine (from December 22, 2006 No. 524-V) regulates affiliation of the child born using Assisted Reproductive Technologies (ART):

vv_ico If woman gives birth to a child conceived using ART conducted on the ground of her husband’s written agreement, he is registered as child’s father.

vv_ico If embryo created using the cells (eggs and sperm) of the spouses is transferred to the uterus of another woman using ART, only these spouses are registered as the official parents of a child.

vv_ico Spouses are registered as parents of a child if embryo transferred to her uterus created using donor’s cells (eggs or sperm)

Significant issues connected with usage of ART are also described by Law 787 from 09.09.2013 of the Ministry of Health of Ukraine which regulates the performance of all the medical procedures of artificial insemination and embryo implantation. According to this surrogacy law in Ukraine, artificial insemination must be carried out only in specially accredited medical institutions in accordance with the methods approved by the Ministry of Health of Ukraine.

Patients have right for free choice of medical centers for carrying out Assisted Reproductive Technologies (ART). It also provides a checklist of information that must be provided to the couple seeking medical assistance, namely: the details of the medical procedure, the results of medical examination of the future surrogate, medical and legal aspects of the consequences, etc. A written informed consent of intended parents and surrogate participating in the program is mandatory. Surrogacy like a method of infertility treatment is conducted upon medical indications, provided informed written consent of both Intended Parents and the Surrogate and their statements on application of ART.

Speaking about the registration of a child born due to ART usage, it’s conducted according to the Law of the Ministry of Justice of Ukraine № 52/5 form 18.01.2000, “On approval of the procedure to register acts of a civil status in Ukraine”, clause 2.

2.2. The registration of a child born by a woman who was transferred an embryo conceived by spouses is performed by the written request of spouses who agreed for implantation. In such cases, except the medical certificate which confirms that this woman has given birth to a child, her written permission (obligatory certified by a notary) to register spouses as official parents is added.

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