Registration of a child born through reproductive medicine is an important legal aspect that regulates the process of recognizing paternity, establishing the legal status of a child and ensuring his rights and interests. Ukrainian legislation has relevant legal norms that establish the procedure and requirements for the registration of such children. In this article, we will consider the main aspects of registering a child born through reproductive medicine in Ukraine, in particular: what documents are required for registration, the procedure for determining paternity and other important issues related to this process.
What is the concept of reproductive medicine and a surrogate mother?
Before understanding the issue of registering a child born from a surrogate mother, you need to decide on the concept of what reproductive medicine is in general and who is a surrogate mother, analyzing the legislative norms of law.
There is no mention of the concept of reproductive medicine in Ukrainian legislation, however, the term is indirectly used as assisted reproductive technologies – infertility treatment methods, in which manipulations with reproductive cells, including preparation, fertilization and development of embryos, are carried out outside the body (in vitro), restoring the chances of a child couples who have problems with creating a pregnancy (this should also include surrogate motherhood).
Also, if we talk about surrogate motherhood, then its concept is not fixed by the legislator at the level of regulatory legal acts, and therefore one should proceed from the general understanding of this term, namely, this is a process in which a woman (surrogate mother) agrees to bear and give birth to a child using the genetic material of the spouses, in order to transfer it to the biological parents. Under normal conditions, such motherhood occurs in order to receive funds, in accordance with the concluded legal contract. After birth, the child is recognized as the legal child of the spouses who were genetic parents, and has all the rights and obligations regarding biological heredity.
How is the parenthood of a child determined if he was conceived with the help of reproductive technologies?
The Family Code provides, namely Article 123, that in the case when a human embryo created by spouses (spouse) with the help of assisted reproductive technologies was transferred into the body of another woman (surrogate mother) for the purpose of carrying and giving birth to a child, then such spouses are considered parents of this child in accordance with legal regulations.
Consequently, the surrogate mother performs the role of physical bearing of the child, and the biological origin of such a child and his paternity is recognized by the spouses who provided the genetic material for this.
How is the state registration of such a child carried out and what documents do you need to provide for this?
Usually, the procedure for submitting and receiving documents for registering the birth of a child is carried out through the departments of state registration of acts of civil status or through the TsNAP (centre for the provision of administrative services).
In the case when a child is born with the help of a surrogate mother, his registration is carried out on the basis of the application of the spouses who agreed to the transfer of the embryo.
The following documents must be submitted along with the spouse’s application:
- Certificate confirming the fact of the birth of a child by a surrogate mother.
- A statement in which the surrogate mother agrees that the spouses will be recognized as the child’s parents. The signature on the application must be notarized.
- Information about the genetic relationship of the parents (mother or father) with the child.
If you need help registering a child born with the help of reproductive medicine, then contact the law office “Prikhodko and Partners”. Our qualified lawyers are experienced in this area and are ready to explain all the legal aspects related to registration and provide legal support at every stage of this process. We guarantee confidentiality and individual approach to each client. Our team will do everything necessary to ensure the successful registration of your child and protect your rights as parents. So don’t hesitate and get in touch!