Surrogacy legal process in Ukraine

Unlike other European countries, Ukraine allows surrogacy. In Ukraine you don't have to adopt the child born through surrogacy, you will be the parents of the child.

Indications for surrogacy process in Ukraine are the following reasons:

• absence of uterus (congenital or acquired)
• deformation of the cavity or neck of uterus in congenital malformations or as a result of diseases, under which carrying of a pregnancy is impossible
• synechia of the uterus that cannot be treated
• a (severe) physical illness under which pregnancy threatens your life or health even if the child may not be in danger
• unsuccessful attempts of assisted reproductive technologies (4 or more) with repeated obtaining of high quality embryos, the transfer of which has not resulted in pregnancy.

Types of Surrogacy allowed:LAW

• Gestational surrogacy, which involves in vitro fertilization, is the reproductive technique in which egg is fertilized artificially and then the embryo is transferred to the surrogate mother’s uterus. In this case, the child has no genetic relation to his surrogate mother. This procedure is absolutely legal in the country.
• In gestational surrogacy program in Ukraine, the birth certificate is issued on the name of the Intended Parents.

Qualification of a Surrogate Mother in UkraineLAW

According to the same clause in the family law mentioned in the beginning, a woman can qualify to be a surrogate mother in Ukraine if she passes all the medical tests such as screening for HIV, blood analysis etc required under surrogacy. In addition, there are some other criteria for the selection of a surrogate:

• She should be between 25-35 years
• She should be a natural mother of at least one healthy child
• She should be mentally and physically healthy.

Gay/Lesbian Surrogacy in UkraineLAW

According to the clause 123 and order 24 of the family law (Reg 04.02.97), only married couples are allowed to facilitate surrogacy program in Ukraine. Please note that there is no law for gay or lesbian in the country. Therefore, lesbians or gay partners are considered singles.

Nationality of the Surrogate Child UkraineLAW

Since Ukraine laws recognize only intended parents as future parents of the child, the couple has to apply for the baby’s birth certificate. The child goes to the home country only on his/her birth certificate.

• The intended parents should be biologically related to a child in any case. It may be father's sperm and mother's egg, or mother's egg and donor sperm, or donor egg and father's sperm, or embryo conceived by the intended parents and implanted to a surrogate (gestational surrogacy). In this case the child is considered to be legally "belonging" to the intended parents from the very moment of conception on condition that the legal agreement between the parents and the surrogate is signed. Then the surrogate can't keep the child after the birth.
• Gestational surrogacy is absolutely legal in Ukraine, but it's an option only for officially married couples. No specific permission from any regulatory body is required for that.

Traveling to Ukraine for Surrogacy

Ukraine is an east European country. It is easily accessible from all corners of the world. Couples from USA, Canada, Japan, Switzerland, CIS countries and European Union don’t need a visa to come to Ukraine for surrogacy. During this procedure, minimum two visits by the intended parents are required, first in the beginning and second at the time of delivery.

Surrogacy procedure in Ukraine is safe because it is a legal procedure and most surrogacy clinics in Ukraine have modern facilities and equipment.

Intended parents have to be in Ukraine during the first and the last steps of the procedure, so they have to go to Ukraine twice within the process.

First visit - For egg and sperm extraction, which usually takes up to 5 days.

Second visit - Before the child is born, to become the parents at birth and then to process the child's papers for coming back to the intended parents' home country.