Legal matters

Legal regulation of surrogate motherhood is carried out by certain provisions of the Family Code of Ukraine, the Rules of State Registration of Acts of Civil Status in Ukraine approved by Order of the Ministry of Justice of Ukraine No. 52/5 from 10/18/2000, Order of the Ministry of Healthcare of Ukraine “On Approval of the Procedure of Assisted Reproductive Technologies in Ukraine” No. 787 from 09/09/2013.

Article 123 of the Family Code of Ukraine regulates the determination of the origin of a child born as a result of assisted reproductive technologies usage. Namely, the second part of this article determines that “if an ovum conceived by the spouses is implanted to another woman, the spouses shall be the parents of the child”.

Paragraph 11, Chapter 1, Section III of the Rules of state registration of acts of civil status in Ukraine approved by Order of the Ministry of Justice of Ukraine No. 52/5 from 10/18/2000: “if a child was born by a woman who was transferred an embryo conceived by the spouses with the help of assisted reproductive technologies, state registration of birth is carried out at the request of the spouses who agreed on such transfer. In this case, both the document, confirming the fact of the birth of the child by this woman, and a statement of her consent
for the spouse to be recorded as child’s parents are submitted; the genuine signature on this document must be notarized, as well as a certificate of genetic relationship between the parents / mother or father / and the fetus”

Regulates usage of the reproductive methods. Paragraph 1.8 determines that ART is used for medical reasons on the basis of written voluntary consent of patients, using the Patient / Patient Application for the use of ART (there is a form approved by the Ministry of Healthcare of Ukraine). Paragraph 1.7 of Order No. 787 determines that an adult woman and / or man is entitled, for medical reasons, to participate in ART treatment programs.

According to the paragraph 1.14 of the Order of the Ministry of Healthcare of Ukraine No. 787 issued on 09 September, 2013 “On Approval of the Procedure of Assisted Reproductive Technologies in Ukraine”, medical assistance using ART techniques is provided confidentially in accordance with Article 40 “On principles of Ukrainian Health Care Legislation”

In Ukraine, an adult competent woman can become a surrogate under the condition of having her own healthy child, her written, voluntary consent, and also in the absence of medical contraindications (paragraph 6.4. Of Order No. 787).

If the parents of a child, born by a surrogate mother are foreign citizens, they must provide the temporary residence address, until the completion of the documentation procedure and their departure from the country, for implementation of the patronage by specialists from pediatrics and surveillance (paragraph 6.8. Order No. 787).

In addition to the legal aspects of surrogacy, the
recognition and registration of paternity, there are a lot of civil issues arising between spouses and a surrogate mother. These relationships are governed by contracts. Thus, based on the norms of the acting legislation of Ukraine, the entire process of surrogate motherhood is legitimate.