Legal protection of the rights of a surrogate mother in Ukraine

Surrogacy is a complex and sensitive legal issue in Ukraine. On the one hand, it provides a chance for childless couples to have a genetically related child, and on the other, it poses challenges to the legal system in protecting the rights of the surrogate mother.

Despite the lack of a separate law regulating all aspects of surrogacy, Ukraine remains one of the few countries where this method of reproductive medicine is legal and relatively accessible.

This article analyzes the legal guarantees for surrogate mothers, the existing risks, and ways to avoid them.

Legislative regulation of surrogacy in Ukraine

In Ukraine, surrogacy is permitted at the legislative level.

The main legal provisions are contained in:

1. Family Code of Ukraine (FCU)
2. Civil Code of Ukraine (CCU)
3. The Law of Ukraine 'Fundamentals of the Legislation of Ukraine on Health Care'
4. Order of the Ministry of Health No. 787 dated 09.09.2013

According to current legislation, the surrogacy program is allowed only for officially married heterosexual couples who have medical indications for this. In this case, the surrogate mother has no genetic connection with the child, since the gametes of the biological parents or donors are used.

Rights and responsibilities of a surrogate mother

Surrogate mother's rights

1. Medical support – the right to a full medical examination and qualified assistance.
2. Financial compensation – includes basic remuneration, medical expenses, meals, and accommodation.
3. The right to privacy – protection of personal information.
4. Possibility of opting out – until the contract is signed.

Responsibilities of a surrogate mother

1. Following doctors' recommendations.
2. Giving up bad habits.
3. Handing over the child to the biological parents.

Legal risks for a surrogate mother

1. Non-payment of compensation – it is important to conclude a legally correct contract.
2. Refusal of biological parents to take the child.
3. Problems with registering a child.
4. Lack of a clear legislative framework.

Recommendations for protecting the rights of a surrogate mother

1. Enter into a detailed contract.
2. Cooperate with proven clinics.
3. Get a lawyer involved.
4. Monitor medical obligations.

Conclusion

Ukraine has favorable legislation for surrogacy, but the lack of clearly defined norms leaves surrogate mothers in a potential risk zone.

To protect their rights, it is necessary to pay attention to legal support, proper conclusion of the contract and cooperation with proven agencies.

The development of the legislative framework in the field of surrogacy will help ensure a balance between the rights of biological parents and surrogate mothers, creating safe conditions for all participants in this process.

If you are considering participating in a surrogacy program or have already encountered legal issues, our team of experts is ready to help you. We will provide full legal support, help you conclude a safe and profitable contract, and protect your rights at all stages of the process.

Contact us for a consultation - we guarantee a professional approach, confidentiality and your legal security.