Legality of surrogacy in Ukraine
Most European countries abandon the method of surrogate motherhood, in Ukraine, this reproductive technology is becoming more common. Ukrainian legislation allows commercial surrogacy to deal with the problem of infertility. VittoriaVita is a leading international surrogacy agency with an office in the center of Kiev. We provide clients with information on the financial, legal, medical, and organizational aspects of infertility treatment.
Surrogacy: legal issues
Legal aspects of surrogacy in Ukraine are governed by regulatory acts that define the duties and protect the rights of the parties in the process of infertility treatment:
- Couples can participate in the program of surrogate motherhood for medical reasons (Civil Code of Ukraine).
- The IVF procedure is carried out with the written consent of the spouse. Anonymity of donors and medical secrets are preserved (Law of Ukraine of “Basis of the legislation of Ukraine about health care”
Ukrainian legislation monitors the implementation of medical procedures for surrogate motherhood programs and ensures that the couple will receive the following information:
- details of medical procedures;
- the results of the survey (own and surrogate mother’s);
- possible medical and legal consequences.
The relationship between a married couple and a surrogate mother is governed by a contract that the parties sign before the procedure of fertilization.
Surrogacy agreement and law – protection of your rights
The contract is drawn up in accordance with the legislation of Ukraine.
According to the signed agreement, the surrogate mother:
- contributes to the successful course of pregnancy, protects the well-being of the fetus;
- takes the right medicines on time, undergo prescribed medical procedures;
- after childbirth does not claim parental rights to the baby.
A married couple according to a signed gestational surrogacycontract has the right to:
- to personally meet with a surrogate mother, to know about her state of health before the program starts and during the course of the pregnancy, to require her to follow all the doctor’s instructions;
- pay a surrogate mother compensation, the amount of which is prescribed in the contract;
- pick up the baby immediately after birth and register it with the state authorities (registry office, embassy).
In order to avoid misunderstanding, fraud, and also to protect the rights of the parties, a surrogate motherhood contract is concluded in two languages (Ukrainian and the native language of the married couple) in two original copies.
Legalization of documents after childbirth
The last stage of the program is the birth of a baby and the legalization of documents. For the timely preparation of documentation, the couple arrives in Kiev 2 weeks before the expected date of birth. Within 3 days after child birth, they return to the apartment with the newborn, where they remain until they leave home.
Our lawyers prepare documents to register clients as parents of a child and indicate their names on the birth certificate. Then the documents are legalized so that the spouses can return home with the baby. This legal process usually takes 2-3 weeks.
Advantages of surrogate motherhood programs in Ukraine
Legal issues of surrogate motherhood are governed by the Family, Civil Codes and a number of regulatory legal acts.
The advantages of surrogacy motherhood programs in Ukraine are as follows:
The names of biological parents immediately recorded in the birth certificate of the newborn.
After the end of the program, the couple receives a passport (travel document) for the child, where they are inscribed as mom and dad.
The rights of the parties are protected by a contract that regulates the obligations of the program participants, force majeure situations and the degree of responsibility in case of non-fulfillment of the contract terms.
According to Ukrainian legislation, commercial surrogacy programs are conducted only in accredited medical institutions and in accordance with approved methods of the Ministry of Health.
There are no restrictions on the size of the reward for a surrogate mother.
Surrogate mother after birth does not acquire parental rights to the child.
Agency VittoriaVita works strictly within the legislative framework of Ukraine based on state registration certificate.