Legislation

IMPORTANT LEGAL DOCUMENTS

The legislation of Ukraine in the sphere of surrogacy is more friendly than of most European countries. From the law point of view here are the advantages of having surrogacy treatment in Ukraine:

  • Surrogate mother does not have any rights for the child;
  • Commercial contracts for surrogacy are not prohibited in Ukraine, no limits of surrogate mother compensation are foreseen.
  • No need to have special governmental organ consent;
  • No court hearing of case needed;
  • No adoption needed;
  • The names of intended parents are put into the birth certificate.

Surrogacy is regulated but the following regulatory acts:

  • Family Law of Ukraine;
  • Order of Ukraine «About Registration of Acts of Civil Status» 2398/VI dates 01.07.2010;
  • «Правила государственной регистрации актов гражданского состояния» №52/5 от 18.10.2000г.;
  • «Instruction About Use of Assisted Reproductive Technologies», approved by Ministry of Health of Ukraine #771 dates 22.08.2008;
  • Order of Ukraine «About citizenship» #2235-III dated 18.01.2001;
  • «Rules of entering Ukraine by foreigners or bodies without citizenship, their departure from Ukraine and transit her territory» adopted by Cabinet of Ministers #1074 dated 29.12.1995.

Family Law of Ukraine came into force in 01.01.2004 made surrogacy legal and our legislation became very friendly for such kind of treatment. Its clauses say:

    123. The origin of the child born after use of assisted reproductive technologies

  • 1 In case wife gives birth to a child conceived with IVF technologies with written consent of her husband his name is put as father’s name (Note: the clause is applied to traditional surrogacy as well).
  • 2 In case the human embryo conceived by the couple (woman and man) after use of IVF technologies is transferred to the body of another woman , a couple is considered to be the parents of the child. (Note: the clause is applied in case of gestation surrogacy).
  • 3 The couple is considered to be parents of the chid born by wife after the transfer to her body of the embryo conceived by her husband and another woman after use of IVF technologies.
That is why paragraph 2 of clause 123 of Family Law of Ukraine gives accurate regulation of relations of surrogacy. As for this norm the parental rights belong to the couple, in case they give their consent for use of assisted reprdutive technologies. The surrogate mother can not take the child.
One more important question about right of participants of surrogacy relations is contestation of motherhood.

As for item 2 of clause 39 of Family Law of Ukraine a woman considering herself a mother has the right of filing suit against a woman whose name is put in the birth certificate.

But contestation is not possible in cases foreseen by items 2 and 3 of clause 123 of Family Law of Ukraine, that is in case a child is delivered as a result of use of assisted reproductive technologies by the parents including surrogacy treatment. This is as well applied for egg donors who can not claim any rights for the child conceived using egg donation in IVF treatment cycles.