Legal aspects of surrogacy

Ukraine is one of the few countries in the world where surrogacy is allowed on a commercial basis, both for Ukrainian citizens and for foreigners.

However, in practice, it is extremely important that during the surrogacy procedure, all legal requirements of the procedure for its application and registration are strictly observed. What is the relevance of the chosen topic for today?

That is why in this article we will talk about the peculiarities of the legal aspects of surrogate motherhood in Ukraine.

Legal aspects and regulatory regulation

The main problem of surrogate motherhood in Ukraine is the lack of a single regulatory legal act that would comprehensively regulate legal relations in this area.

The main legislative acts relating to surrogate motherhood in Ukraine are the CCU, the CCU, "Basics of the Legislation of Ukraine on health care", and the Procedure for the Use of Assisted Reproductive Technologies in Ukraine dated 09.09.2013 No. 787.

Thus, the lack of a comprehensive law creates some misunderstandings in the procedure for regulating surrogate motherhood in Ukraine, which creates additional difficulties during the implementation of this program in practice.

What is the definition of surrogacy?

Surrogate motherhood - is one of the assisted reproductive technologies, the main purpose of which is to help citizens with congenital or acquired infertility. Its essence is that instead of a woman who cannot conceive and give birth to a child on her own, another woman (surrogate mother) does it.

In addition, it is worth noting that there is no genetic surrogate mother in Ukraine with the born child, since the ovum of the biological mother and the genetic material of the father are used for its fertilization - the so-called gestational surrogate motherhood. Therefore, a child born to a surrogate mother is genetically and legally a child of a married couple.

Who can be a surrogate mother in Ukraine?

Ukrainian legislation establishes the following criteria for persons wishing to become a surrogate mother, namely:

• Reaching the age of majority (18 years);
• Absence of bad habits (smoking, drinking alcohol, etc.);
• Excellent state of mental, physical, and emotional health;
• Having one's healthy child. In addition, at least one year should pass after the last childbirth;
• Absence of medical contraindications that make it impossible to become a surrogate mother (deformation of the uterus, severe somatic diseases, presence of genetic pathologies in the body, etc.);
• Provision of voluntary consent to the procedure of surrogacy.

How is the surrogate motherhood procedure done in Ukraine?

Currently, the procedure of surrogacy in Ukraine is carried out by concluding a contract on the gestation and birth of a child between a married couple (biological parents of the child) and the future surrogate mother In essence, this is the main document that defines the rights and obligations of each of the parties to the contract.

Yes, the contract may contain provisions on:

• payment of monetary remuneration for carrying and giving birth to a child;
• implementation of the recommendations given by the doctor to the surrogate mother regarding her health, diet, sleep patterns, etc.;
• the period during which the newborn child must be handed over to the biological parents;
• actions of the parties to the contract in the event of the birth of a child with genetic defects or diseases;
• liability for breach of contract terms.

If you have any questions about the legal aspects of surrogacy in Ukraine, come to the Prikhodko and Partners law office for a consultation.

The company's lawyers are always ready to provide our clients with comprehensive answers to questions that will arise during future cooperation because they have thorough knowledge and many years of experience in various areas of Ukrainian law. Get in touch!