There are different legal statuses of surrogacy in different countries. Some states ban the procedure; others are more loyal and allow for surrogacy if the procedure meets all the requirements at 100%.
Since Ukraine is one of the green zones for childless couples, let’s see how the surrogacy process is handled there, and legislative acts regulate a local niche of reproductive medicine.
In Ukraine, it is legally allowed for an adult capable woman with her own healthy child to become a surrogate mother, upon a voluntary application and in the absence of medical contraindications. If the woman is married, the husband’s consent is required. In this review, you will learn about the step-by-step process, how does surrogacy work in Ukraine, and what is needed to become a surrogate mother.
Surrogacy in Ukraine: The Legal Side
There is no separate law on surrogacy in Ukraine, and an attempt to accept it was made by the Verkhovna Rada in 2012. But the law was vetoed by President Viktor Yanukovych. No more similar attempts were made, so there is a green light for childless couples to get their baby in Ukraine.
If you look at the key legislative acts, then here are the main provisions of the legislation:
- Clause 2, Article 123 of the Family Code of Ukraine is saying “If a human embryo, conceived by spouses as a result of the use of ART, is transferred into the body of another woman, the spouses are the parents of the child.”
- Clause 7 of Article 281 of the Civil Code of Ukraine states that “An adult woman has the right, for medical reasons, to carry out ART concerning her programs.”
- According to the order of the Cabinet of Ministers No. 787, “The Procedure for the use of assisted reproductive technologies is approved in Ukraine.”
Surrogacy Legal Aspects in Ukraine
Ukraine is de facto a country of the so-called “commercial female mothers.” The legal framework for this contains a minimum set of restrictions for the procedure — for both Ukrainian citizens and foreigners. The main prohibitions are as follows:
- The biological mother has no medical indications, that is, the ability to independently become pregnant, bear a fetus, and give birth;
- Gender (partial) surrogacy in case there is a genetic connection between a woman and a fetus that is being carried (using a surrogate oocyte);
- The participation in the program as genetic parents of unmarried couples and single people;
- The participation in the program as a surrogate mother of a woman who does not meet certain medical requirements (age, health status, having a child).
As you can see, Ukraine is quite loyal to surrogacy. Of course, there are some restrictions, but they are not strict, which makes many childless couples resort to local clinics to get a baby.
For a childless couple to get a baby and stay on the safe side, it is recommended that both parties draw up an agreement and decide on the process and applicable terms. Such an agreement is the main regulation, according to which the procedure is carried out. A properly drawn-up contract is a guarantee of minimizing legal risks for both the surrogate mother and biological parents. Such a document should be drawn up / analyzed by an experienced lawyer.