Legality of surrogacy in Ukraine

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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.


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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.

How much is surrogate motherhood in Ukraine?

Not in all countries where surrogate motherhood is legal, it is allowed to pay a monetary reward to a surrogate mother. In some countries, you can become a surrogate only from altruistic motives, that is, for free. Paid programs are legal in Ukraine, Russia, Georgia, Thailand, India and some states of America. In Ukraine, the law does not limit the amount of monetary compensation of a surrogate mother for the services she provides.

A woman receives a fee of up to € 22,000. The first part of the fee the surrogate mother receives on the day of IVF or after pregnancy confirmation. Part of the compensation is paid to the woman after childbirth and the transfer of the child to the parents. The cost of the program for a married couple is formed from several items of expenditure: payment for surrogate mother plus associated costs:

  • examination,
  • IVF procedure,
  • pregnancy management,
  • childbirth, medications,
  • legal support.

The cost of the program for a married couple can vary (extra charge for childbirth by cesarean section, multiple pregnancy, pregnancy preservation).

VittoriaVita Agency (Kyiv) offers several types of surrogacy programs in the price range from 36,000 to 50,000 Euros. You can find basic information about the programs in the block below.

Surrogacy program “Care”
Embryo transfer with own frozen embryos (FET) + surrogate mother
36 000 €

Surrogacy program “Victory”
IVF with own eggs + surrogate mother
39 000 €

Surrogate program “Success”
IVF with donor eggs + surrogate mother
40 000 €

Surrogacy program “Guarantee”
IVF using donor eggs + surrogate mother
50 000 €


Programs Comparison

Requirements for a surrogate mother

We take responsibility for the health of the surrogate mother and the successful outcome of the program, so we conduct a strict selection of candidates for the role of surrogate mother.

Strong physical and mental health is required to bear and birth a baby. We require the following from our candidates:

Pregnant surrogate mother

  1. Must be a citizen of Ukraine.
  2. Age up to 36 years (optimal age for pregnancy).
  3. Own healthy baby (confirmation that a woman can bear and give birth).
  4. Positive Rh factor (we do not take women with a negative Rh factor as the risk of developing a Rh conflict during pregnancy increases).
  5. The absence of a history of childbirth by caesarean section.
  6. A healthy lifestyle without bad habits.
  7. The psychologist’s conclusion that the woman is mentally prepared to participate in the program.
  8. The absence of chronic diseases that can interfere with the normal course of pregnancy and childbirth.

We have created our own surrogate mothers database, which we regularly update. These are responsible Ukrainians with good health who are ready to bear and give birth to a baby for infertile couples.

Each surrogate mother undergoes a detailed medical examination (to exclude the risk of problems and complications during pregnancy, childbirth), as a result of which the doctor issues a conclusion on the woman’s readiness for IVF, pregnancy and childbirth.

We take responsibility for the management of pregnancy and the organization of childbirth, we cooperate with the best clinics and doctors. Our goal is to make happy as many couples, who dream of becoming parents, as possible.

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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.