Surrogacy Law in Ukraine

Importantly, the surrogate cannot legally keep the child after birth. On the contrary: the child is considered to legally belong to the prospective parents from the very moment conception. In fact, in the legal history of Ukraine, there has not been a single reported case of a disputed custody claim arising over a surrogate parenting arrangement or the validity of a surrogacy agreement. In sharp contrast, the laws in several U.S. states (and in Russian Federation) allow a surrogate mother to keep the child after its birth, regardless of the agreements between the intended parents and surrogate mother.

Applicable legislation

In general, applicable Ukrainian legislation lacks almost all prohibitions that are commonly found in other European countries, and offers the following advantages:

• No limits on surrogacy related payments
• No additional legal procedures to obtain court order;
• No adoption of your own child is required;
• Ukrainian law allows to issue birth certificate to intended parents’ names regardless of their genetic links to the child;
• Donor or a surrogate mother has no parental rights over the child, who is legally the child of the prospective parents from the moment of conception.

Agreements

Various agreements have to be signed between the parties, including contracts with (a) the medical institution responsible for insemination and further medical surveillance, (b) the surrogate mother and (c) surrogacy agency

Gestational surrogacy agreement is an indispensable tool. It is also one of the most difficult agreements to negotiate and draft. Unfortunately, Ukrainian legislation does not provide any useful guidance, leaving the parties to their own devices in addressing the key issues. As a result, surrogacy agreements are usually “self- contained,” highly complicated documents, reflecting many contingencies. These agreements are enforceable legal documents that will regulate the relations between surrogate mother and the intended (genetic) couple.

Pursuant to the Ukrainian Rules for Statistic Registration, dated 10/18/2000, foreigner citizens may apply for a birth registration to the Ukrainian Vital Statistics Office. They have to submit a medical certificate that proves their genetic relationship to a child and the surrogate’s written consent to record their names on the birth certificate of the child she delivered. The names of the intended (genetic) parents are written in the birth certificate upon the child’s birth. There is no need to get any special permits from any committee, court or other institution. No adoption procedure is required.

However, it is often more convenient to approach the Consular Office of the parents’ home country and obtain the child’s passport. It is usually possible when the surrogacy is legal in the own country and the parents can prove they are genetically related to the child.

As with the medical procedures, it is equally necessary to understand the legal landscape upon which a family will be built, as well as any restrictions concerning surrogacy in your country of origin. Before embarking on your surrogacy journey, you should retain qualified Ukrainian legal counsel that is experienced in working with international clients. And remember that surrogacy is prohibited or restricted in many European countries. Depending on your specific circumstances and citizenship you may require legal representation both in Ukraine and in your home country.