Ukrainian Laws on Surrogacy – Protecting your Rights
Ukraine is one of the few countries where the use of ART (Assisted Reproductive Technologies), particularly surrogacy, as well as egg and sperm donation are absolutely legal and are regulated by the corresponding legislation. The Ukrainian government has elaborated special surrogacy laws for all the aspects of surrogacy programs, that define the duties and protect the rights of all the parties in a process of this kind of infertility treatment.
The Civil Code of Ukraine (of January 21, 2010, No. 1822-VI) defines who can participate in programs of infertility treatment:nt:
Article 281. Adult women and men are entitled to be treated with Assisted Reproductive Technologies in cases of medical necessity as prescribed by law.
Article 48 of the Law of Ukraine “On Fundamentals of Health Legislation in Ukraine” states that IVF and embryo implantation should be performed within the norms established by the Ministry of Health of Ukraine based on medical necessity of an adult woman who is going through a course of infertility treatment, provided that her husband has given his written consent to the procedure and the donor’s anonymity and medical secrecy are preserved.
Article 123 of The Family Code of Ukraine (of December 22, 2006, No. 524-V) establishes the norms of kinship for a child born with the use of Assisted Reproductive Technologies (ART):
If a woman gives birth to a child, conceived by the use of ART with the written consent of her husband, the husband shall be considered the father of the child.
If an embryo created from the cells (eggs and sperm) of a married couple is transferred to the uterus of another woman within an ART procedure, only the spouses shall be registered as the official parents of the child to be born.
A married couple shall be officially registered as the parents of a child if the embryo transferred to the woman’s uterus was created using donated cells (eggs or sperm).
Some important points of the ART use are also described in the Decree of the Ministry of Health of Ukraine No. 787 of 09.09.2013 which regulates the performance of all medical procedures of artificial insemination and embryo implantation. According to this Ukrainian surrogacy law, artificial insemination can be carried out only at the medical institutions accredited for this purpose in accordance with the methods approved by the Ministry of Health of Ukraine.
Patients are free to choose any medical center to use the Assisted Reproductive Technologies (ART). The law also provides a list of informations that must be given to the couple seeking medical assistance, namely: the details of the medical procedure, the results of the GC’s medical examination, possible medical and legal consequences, etc. Written informed consents of the intended parents and the surrogate mother participating in a program are mandatory. Surrogacy as a method of infertility treatment shall be used in cases of medical necessity, provided the informed written consents of both Intended Parents and the GC were signed and all the parties agree to the application of the ART methods.
A baby that was born thanks to the use of ART shall be registered according to the Decree of the Ministry of Justice of Ukraine № 52/5 of 18.10.2000 “On approval of the procedure of civil status acts registration in Ukraine”, clause 2.
2.2. A child born by a gestational carrier shall be registered upon application of the spouses who gave their written consent for embryo implantation. In such cases, apart from the medical birth certificate, shall be submitted a written consent (certified by a notary) of the woman who gave birth to the child for registering the couple as the official parents.