Legal support of surrogate motherhood

In the last few decades, assisted reproductive technologies have been created to help couples realize their innate desire for fatherhood. However, there are situations when bearing a child is impossible due to physiological limitations. Thus, surrogacy is the only way for some couples to fulfill their dream of becoming parents. The relevance of legal support of surrogate motherhood comes from the need to ensure legal security and protection of all participants in this process. Since surrogacy involves various legal aspects, from the conclusion of an agreement between the parties to the recognition of paternity and inheritance, proper legal support is extremely important.

What is the legal regulation of surrogate motherhood in Ukraine?

In our country, surrogate motherhood is gaining more and more popularity as a means of infertility treatment. However, the lack of its regulation in Ukrainian legislation endangers future biological parents and surrogate mothers.

This is manifested in the fact that there is no clear normative act regulating surrogate motherhood. Therefore, the fundamental laws for regulating this area are:

• Constitution of Ukraine;
• Family Code of Ukraine;
• Law of Ukraine “Fundamentals of Ukrainian legislation on healthcare”;
• Order of the Ministry of Health of Ukraine dated 09.09.2013 No. 787 “On approval of the Procedure for the use of assisted reproductive technologies in Ukraine”.

The most meaningful among the legislative norms in regulating the issue of surrogate motherhood is Article 123 of the Family Code. It defines spouses as the legal parents of a child when the embryo transfers from their own reproductive cells (gametes) into another woman’s body.

The procedure also determines that an adult capable woman can be a surrogate mother if she has her own healthy child, his voluntary written consent, and also in the absence of medical contraindications.

What are the restrictions on participation in surrogate motherhood?

The legislation of our country does not impose many restrictions on participation in surrogate motherhood programs. However, there are the following restrictions:

• The practice of gender surrogacy involves a genetic link between a woman and a fetus, which is nurtured through the use of a surrogate mother’s egg. However, it is important to note that only full gestational (full) surrogacy is allowed.
• Unmarried couples and single individuals can participate in the program as genetic parents.
• The biological mother has no medical indications indicating her inability to become pregnant on her own, bear a child and give birth to him.
• Participation in the program as a surrogate mother for a woman who does not meet the specified medical requirements (age, health status, having a child of her own).

The list of these restrictions is not exhaustive.

How does the surrogacy program work in Ukraine?

The agreement between the parties is the main document regulating surrogate motherhood in Ukraine. The rules for signing these contracts are established in accordance with the guidelines set out in the Civil Code.

The contract on surrogate motherhood provides for the obligation of a surrogate mother to bear, give birth and give the child to genetic parents (clients). In exchange, customers agree to offset a predetermined fee.

These contracts must include special conditions that may arise due to objective circumstances. These circumstances are connected, first of all, with the peculiarities of the life of the surrogate mother, as well as the embryo and the child. Examples of such circumstances include the risks associated with miscarriage, the birth of children with developmental disabilities, the birth of a child with poor health, etc.

If you need legal support for surrogate motherhood, then the law firm “Prikhodko and Partners” will be able to help you in this matter. Our firm offers a wide range of services, including the provision of a one-time consultation, as well as the preparation and execution of a tripartite agreement between the surrogate mother, genetic parents and the clinic. In addition, we offer support for registering a child after the completion of the surrogacy process, and much more. So don’t hesitate and get in touch!