Surrogacy Legislation in Ukraine

Legislation

When a parent-to-be joins a surrogacy program with New Life Ukraine, they will be responsible for the following documents:

  • An application for the clinic, which confirms your understanding of clinic-only medical service.
  • Notarized contracts between the surrogate mother and parents-to-be.
  • A notarized Power of Attorney (POA) with the stamp of Apostille in case a New Life Ukraine staff member needs to sign the notary contract with the surrogate mother and applications for the clinic on the behalf of the parents-to-be.
  • Passport copies.
  • A marriage certificate with the stamp of Apostille. Parents-to-be can get an Apostille on an original marriage certificate or its duplicate (a copy is not acceptable). If the country of their citizenship is not an Apostille member, then the document requires legalization by the Ministry of Foreign Affairs in their country and, subsequently, by the consulate of the receiving state (for New Life Ukraine this is the consulate of Ukraine in the applicable country).
  • Medical reports/indication for surrogacy to confirm the patient’s eligibility for the surrogacy program in Ukraine. All parents-to-be who intend to participate in a surrogacy program in Ukraine must provide the clinic and agency with their medical reports/indication for surrogacy, where they can review a descriptive diagnosis of the mother-to-be to confirm her infertility and inability to carry a baby without the assistance of a Surrogate mother.
Ukraine IVF Legislation

 

UKRAINE IVF and Surrogacy LEGISLATION:

According to the Family Code of Ukraine, Article 123.2, if a couple conceives a human embryo as a result of the application of assisted reproductive technology, and this embryo is transferred into the body of another woman, the couple are the parents of the child.

According to the Family Code and Order N 771 of the Health Ministry of Ukraine, the following are acceptable indications for surrogacy:

  • Absence of a womb (inborn or acquired)
  • Deformation of the cavity or cervix uterus, making pregnancy and delivery impossible
  • Synechi of the womb cavity
  • Severe somatic diseases, making the duration of pregnancy impossible
  • Multiple implantation failures connected with endometrial factors
  • 4 or more unsuccessful attempts of IVF with high quality embryos

The surrogate mother should be between the ages of 20 and 35 years with at least one healthy child of her own. She should also be in a healthy mental and physical state.
Other important legislation to take note of is the Order of the Justice Ministry of Ukraine № 52/5, dated 18.1.2000:

2.2. The registration of a child’s birth by the woman (donor) is realized according to the application of the couple who gave their consent for her insemination. In this case, simultaneously with the document which certifies the birth, the written consent of the woman (donor) certified by an attorney is issued; in this document, the woman (donor) gives her written consent to record the couple as the child’s parents. In this case, in the “For notes” column, the following inscription is made: “the mother of the child according to the medical certificate regarding the birth, form № 103/о-“
Ukraine is one of the few surrogacy-friendly states in Europe. It does not limit surrogacy-related payments and does not require the parents-to-be go through legal procedures in order to obtain a court order. No adoption of your own child is required. The recipient family creates embryos using their own, or donated, gametes through IVF (In-Vitro Fertilization), which are transferred to the gestational surrogate mother.