Ukrainian citizenship for children born through surrogacy programs

Assisted reproductive technology (ART) programs in Ukraine are among the most liberal in the world, yet they require strict adherence to legal protocol. This is especially true for cases involving children born to foreign parents. Let’s examine key aspects of legal regulation in this area, drawing on the knowledge and experience of the migration specialists at “Prikhodko&Partners”.

Legal definition of paternity: Article 123 of the Family Code

The foundation of surrogacy in Ukraine is Part 2 of Article 123 of the Family Code of Ukraine. According to the provision enshrined in this article, if an embryo conceived by spouses (or one of the spouses and a donor) is transferred into the body of another woman, those spouses are recognized as the child’s parents.

What are the rights of a surrogate mother?

The consequences of this legal norm for the surrogate mother are as follows:

• Application of the principle of gestational motherhood. The surrogate mother has no genetic connection with the child. Therefore, she is not considered a mother in the legal sense.
• Lack of rights for the surrogate mother. The woman who carried the child and her husband do not acquire any parental rights or responsibilities. This means they cannot change their minds after the birth and keep the child.
• Primary registration. The birth certificate issued by the Civil Registration Office immediately includes the names of the biological parents (the applicants). Consequently, the final document contains no mention of the surrogate mother.

Given the inevitability of decisions in legal matters, it is important to be aware of all these legal aspects.

The procedure for confirming Ukrainian citizenship for a child of foreign parents

When a child’s parents are foreign citizens, the question of the newborn’s citizenship arises. In Ukraine, unconditional “jus soli” does not apply. Therefore, the fact of birth on Ukrainian territory does not automatically make the child a Ukrainian citizen. However, there is a specific mechanism that is often used by foreigners.

In order for a child to acquire Ukrainian citizenship, they must undergo the citizenship confirmation procedure through the State Migration Service (SMS). This is possible under the following conditions and circumstances:

1. Legality of parents’ stay in Ukraine. At the time of a child’s birth, foreign parents must be legally present in Ukraine. For example, this may involve a visa, a residence permit, or compliance with visa-free stay requirements.
2. Preventing the child from becoming stateless. A child may acquire Ukrainian citizenship by birth if he or she has not automatically acquired the citizenship of his or her parents. In this case, everything depends on the laws of the parents’ country of origin.

Therefore, if parents want their child to have Ukrainian citizenship, they must contact the local branch of the State Migration Service at their place of residence. After verifying the documents, a certificate of registration as a Ukrainian citizen is issued, which will serve as the basis for issuing a passport for the child.

Legalization of foreign parents through a child

One of the most important benefits of a child acquiring Ukrainian citizenship is the parents’ right to obtain permanent residence in Ukraine. This allows the family to remain in the country without time restrictions, which is often critical for completing all medical and legal processes.

The course of action for parents in such situations will be as follows:

Obtaining an immigration permit. Having a child who is a Ukrainian citizen (even by birth) is a direct basis for obtaining an immigration permit outside the quota. Incidentally, the immigration quota is the maximum number of foreigners permitted to immigrate to our country in a single year, unless they have specific grounds for doing so. Having a child who is a Ukrainian citizen allows for such immigration outside the quota.

Obtaining a residence permit. After receiving permission, parents obtain a permanent residence permit in the form of a plastic card. This permit allows for indefinite residence in our country, but the document itself must be renewed every 10 years.

Social rights. Permanent residence grants foreigners the same rights as Ukrainian citizens in most respects, with the exception of the right to vote and the right to own agricultural land. This means they can enjoy all important guarantees in the areas of labor law and social security.

So, regarding surrogacy in Ukraine with a foreign element, it should be noted: it is a complex process, since medicine here is closely intertwined with migration law.

To contact a specialist and receive a consultation, please fill out the contact form on our website. A lawyer from the “Prikhodko&Partners” migration practice will then call you.