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.
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.