What rights does a surrogate mother have?

Surrogate motherhood as a method of reproductive assistance is gaining popularity in modern society.

In Ukraine, as in many other countries, this question causes a lot of discussions related to the rights of surrogate mothers and the legitimacy of this practice.

In this article, we will consider what rights a surrogate mother has, as well as the nuances that may arise in the process of realizing these rights.

Rights of a surrogate mother

1. The right to information: the surrogate mother has the right to full information about the medical procedures that will be performed on her. This includes information about risks, possible complications and manipulations that may affect her health. Thus, the woman must be properly informed before signing the contract.
2. The right to medical care: during pregnancy, the surrogate mother has the right to receive quality medical care and service. She must have access to the necessary medical procedures, treatment and consultations.
3. The right to freedom of choice: regardless of the circumstances, the surrogate mother has the right to her choice regarding the continuation of the pregnancy. This means that she can make the decision to have an abortion if it concerns her health or personal circumstances.
4. Right to Compensation: Under current law, a surrogate mother is entitled to financial compensation for her participation in a surrogacy program. In Ukraine, this is usually formalized as an agreement between persons looking for a surrogate mother and the surrogate mother herself.
5. The right to privacy: the surrogate mother has the right to protect her personal data and information related to surrogacy. Any information about her as a surrogate mother must be kept confidential.
6. The right to legal protection: the surrogate mother has the right to appeal to the court in case of violation of her rights and interests. This may include breach of contract or improper performance of obligations.

Legal regulation of surrogate motherhood in Ukraine

In Ukraine, the issue of surrogate motherhood is regulated by the Civil Code and a number of by-laws. In particular, the Law of Ukraine "On the Protection of Childhood" specifies that surrogate motherhood is legal and can be used subject to the consent of all parties.

In addition, the surrogate mother must be of legal age, able to make decisions on her own, and also have appropriate medical indications for pregnancy and childbirth.

Conclusions

The surrogate mother's rights are key to ensuring her well-being and protection in surrogacy. Despite the legal regulation, women who agree to be surrogate mothers must fully understand their rights and responsibilities.

The involvement of lawyers and medical specialists at various stages of the process will help protect their interests and achieve the desired result.

The legal company "Prikhodko and partners" has many years of experience in forming contracts with a surrogate mother, protecting her rights and interests, as well as full legal support of surrogate motherhood.