Registration of the birth of a child in the surrogate motherhood program in Ukraine

Surrogacy is a complex and multi-stage process that is regulated by Ukrainian legislation and requires clearly defined legal actions by all participants.

One of the most important legal procedures under this program is the registration of the birth of a child, which has its own characteristics and requirements.

In this article, we will consider the main aspects of this procedure, as well as how the law firm “Prikhodko and Partners” can help you in its implementation.

Surrogate motherhood in Ukraine: legal basis

In Ukraine, surrogate motherhood is regulated by a number of legislative acts, among which the Family Code of Ukraine, the Civil Code of Ukraine, and the Law of Ukraine “On State Registration of Civil Status Acts” play a special role.

Ukraine is one of the few countries where surrogacy programs are legal and clearly regulated. This makes the country popular among foreigners who do not have the opportunity to exercise their right to parenthood in their own country.

According to Ukrainian legislation, surrogate motherhood is possible only if there are medical indications for it, and it can be used by both Ukrainian and foreign citizens.

The main legal feature is that after the birth of the child, the biological parents automatically acquire rights and obligations regarding the newborn, and the surrogate mother has no rights to the child.

The main stages of registering the birth of a child

Registration of the birth of a child born through a surrogacy program has several key stages. It is important to comply with all legal requirements to avoid possible problems in the future.

1. Collection and preparation of documents

To start the registration process, you need to prepare all the necessary documents.

The main documents that must be submitted include:

• Application for registration of the birth of a child.
• Medical birth certificate issued by the maternity hospital.
• Consent of the surrogate mother to the transfer of the child to the biological parents, which must be notarized.
• Contract of surrogacy confirming the mutual obligations of the parties.
• Documents confirming the genetic connection of the biological parents with the child (DNA test).
• Passports of biological parents and their marriage certificate.

All these documents are submitted to the authorities of the National Register of Citizens of Ukraine for registration of the birth of a child.

2. Submission of an application to the RATS authorities

After preparing all the necessary documents, the biological parents submit an application to the civil status registration authority (RACS) at the place of birth of the child or at the place of residence of the parents. It is important to note that the application states the child’s biological parents, not the surrogate mother.

According to Ukrainian legislation, parents can submit an application for registration of the birth of a child within one month from the moment of birth. If registration takes place later, additional justification of the reasons for the delay is required.

3. Obtaining a birth certificate

After submitting the application and all the necessary documents, the authorities of the RACs issue the child’s birth certificate. In this certificate, the biological parents are specified as the child’s parents, regardless of the fact that the child was born by a surrogate mother.

A birth certificate is an official document that confirms the legal relationship between a child and his biological parents.

Features of registration for foreign citizens

Ukraine is a popular country for surrogacy among foreigners, and this imposes certain peculiarities on the process of registering the birth of a child. Foreign citizens should take into account that the procedure may require additional documents, such as translation of documents into Ukrainian, apostillation and legalization.

In addition, it is important to know that in some countries (for example, in France or Germany) surrogacy is prohibited or significantly restricted, which can cause difficulties when recognizing a child’s birth certificate issued in Ukraine.

In such cases, additional legal assistance is required to overcome legal conflicts and ensure recognition of the child in the homeland of the biological parents.

Potential legal risks

Although surrogacy in Ukraine is legal and clearly regulated, there are certain legal risks that may arise when registering the birth of a child.

Among them:

• Disputing paternity. In case of lack of proper documents or violation of the terms of the contract, disputes may arise regarding the determination of the child’s biological parents.
• Refusal of the surrogate mother. Although by law the surrogate mother has no rights to the child, her refusal to sign the necessary documents can complicate the registration process.
• Legal complications for foreigners. As mentioned above, in some countries, the recognition of a child born through surrogate motherhood in Ukraine can be problematic.

How “Prikhodko and partners” can help

The legal company “Prikhodko and partners” has extensive experience in the field of reproductive law and surrogate motherhood. We are ready to provide comprehensive legal support at all stages of the procedure for registering the birth of a child.

Our services include:

• Consultations on the preparation and execution of all necessary documents.
• Legal support in cooperation with the bodies of the RAC.
• Help in solving legal issues arising in the process of surrogacy.
• Representation of clients’ interests in state authorities and courts.
• Preparation and submission of apostilled documents for foreign citizens.

We understand how important every detail is in the process of registering the birth of a child, and we are ready to do everything possible to make this process as simple and comfortable as possible for you.

If you need help registering the birth of a child as part of the surrogate motherhood program, contact the company “Prikhodko and Partners”. We guarantee a professional approach, an individual approach to each client and full legal support at all stages.

Do not postpone important questions for later – contact us today!