Registration of a child born through reproductive medicine

Today, assisted reproductive technologies have become a powerful tool in the fight against infertility, allowing thousands of couples to become parents every year.

Ukraine has long taken a leading position in this area, in particular due to the accessibility of procedures, relatively liberal legislation, and professional medical personnel. But along with medical breakthroughs, legal issues arise, the most important of which is the registration of a born child.

In this article, we will consider how the state registration of a child born through reproductive medicine takes place in Ukraine, what documents need to be submitted, and what legal aspects should be considered.

According to Ukrainian law, the parents of a child born as a result of ART are recognized as persons who have consented to the use of these technologies — regardless of who is the donor of the genetic material or who carried the child.

Who is recognized as the parent?

The key regulatory provision is Article 123 of the Family Code of Ukraine, which clearly defines the legal status of paternity when using ART:

If a spouse (or couple) has consented to the transfer of the embryo to another woman (surrogate mother), these individuals are recognized as the parents;
If a child is born as a result of the use of donor material (sperm or egg), without the involvement of a surrogate mother, the mother is considered the woman who gave birth to the child.

Thus, the law guarantees that biological or social parents who initiated the ART procedure have the full legal right to register the child in their name.

Registration procedure: what do you need to know?

State registration of the birth of a child conceived as a result of ART is carried out at any department of the Civil Registry Office in Ukraine. The procedure may vary depending on the circumstances of conception and birth.

If the child is born to a surrogate mother:

In this case, for registration you need to submit:

Medical birth certificate (form 103/o) — issued by a maternity hospital;
Written statement from parents (those who ordered a surrogacy program);
Surrogate mother’s statement about the consent to the registration of biological parents and the absence of claims;
Copies of parents’ passports;
Surrogate mother contract (not always mandatory, but often requested as confirmation of legal relationships);
If necessary – documents from the medical center confirming participation in the ART program.

If the child is born to a woman who used donor material:

In this case, the woman is automatically recognized as the child’s mother, and her husband is the father (provided there is written consent to the use of donor material).

It will also be useful: Consultation of a lawyer on issues of surrogacy in Ukraine

Features for foreign citizens

Foreigners often turn to Ukrainian clinics to exercise the right to parenthood through surrogacy.

After the baby is born, they need to:

Register the birth at the DRACS;
Obtain a birth certificate, where the parents will be the program customers;
Prepare documents for the child to travel abroad (passport, visa, paternity certificate, DNA test, etc.).

Most often, parents contact the consulate of their country in Ukraine to obtain a travel document for their child.

Despite a clear regulatory framework, difficulties may arise in practice:

Refusal of registration by the DRACs due to the lack of certain documents;
The surrogate mother’s unwillingness to sign a consent form, even if she is not the legal mother;
Legal disputes about paternity in case of use of donor material without properly executed consent;
Difficulties in taking a child abroad without additional legal formalities.

Thus, the registration of a child born through ART is this is not only a medical issue, but also a serious legal one. To protect your rights as parents, it is important to act legally from the beginning and seek professional help if necessary.

The law firm “Prikhodko and Partners” has practical experience in the field of reproductive law and provides comprehensive support for procedures related to the registration of children born through ART, in particular: