Legal information

The law in Ukraine specifically states that the baby belongs to the intended parents and the surrogate mother has no prenatal rights.

Both intended parents names appear on the Ukrainian birth certificate.

There are laws determining who can serve as a surrogate mother, what clinics can do IVF and surrogacy procedures and the procedure of registering the intended parents and registering the baby as their child.

The main 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 special licence needed
  • No court hearing of case needed
  • No adoption needed
  • The names of intended parents are put into the birth certificate

Since 01.01.2004 and according to the Family Law of Ukraine, the surrogacy is 100% legal and very friendly for such kind of treatment.

According to paragraph 2 of clause 123 of Family Law of Ukraine the parental rights belong to the couple, in case they give their consent for use of assisted reproductive technologies. The surrogate mother can not take the child.

  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.

Surrogacy in Ukraine is regulated
by the following regulatory acts:

Family Law of Ukraine

Order «About Registration of Acts of Civil Status» 2398/VI

«Instruction About Use of Assisted Reproductive Technologies», by Ministry of Health of Ukraine #771

Rules of the State Registration of the Acts of the Citizen №52/5

Rules of entering Ukraine by foreigners or persons without citizenship, their departure from Ukraine and transit #1074

About citizenship #2235-III

Our managers will formalize and solve all the questions regarding the law. They will control visits to the clinic by the surrogate mother, deal with the sketchy questions and provide the necessary help when needed. 

Happymoms team will complete all the needed documents, that are necessary to register a newborn baby according to current legislation.

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