SURROGACY IN UKRAINE

Since 2002, surrogacy and surrogacy in combination with egg/sperm donation has been absolutely legal in Ukraine. According to the law a donor or a surrogate mother has no parental rights over the child born and the child born is legally the child of the prospective parents.

In Ukraine the start of introduction of methods of supporting reproductive medicine was given in eighties of the preceding century. It was Kharkov where the extracorporeal fertilization method was for the first time successfully applied in Ukraine, and in 1991 a girl named Katy was born. Kharkiv was also the first city in CIS countries to realize surrogacy. Many clinics dealing with surrogacy have been opened in Kiev and Lviv.

Ukrainian surrogacy laws are very favorable and fully support the individual’s reproductive rights. Surrogacy is officially regulated by Clause 123 of the Family Code of Ukraine and the order of the Ministry of health of Ukraine “On approval of the application of assisted reproductive technologies in Ukraine” from 09.09.2013 № 787. You can choose between Gestational Surrogacy, Egg/sperm Donation, special Embryo adoption programs and their combinations. No specific permission from any regulatory body is required for that. A written informed consent of all parties (intended parents and surrogate) participating in the surrogacy program is mandatory.

Ukrainian legislation allows intended parents to carry on a surrogacy program and their names will be on Birth certificate of the child born as a result of the surrogacy program from the very beginning. The child is considered to be legally “belonging” to the prospective parents from the very moment of conception. The surrogate’s name is never listed on the birth certificate. The surrogate can’t keep the child after the birth. Even if a donation program took place and there is no biological relation between the child and the intended mother, their names will be on Birth certificate (Clause 3 of article 123 of the Family Code of Ukraine).

Embryo research is also allowed, gamete and embryo donation permitted on a commercial level. Single women can be treated by known or anonymous donor insemination. Gestational surrogacy is an option for officially married couples and single women. There is no such concept as gay/lesbian marriage in Ukraine, meanwhile such patients can be treated as single women/men.