Legality of surrogacy in Ukraine picture

Legality of surrogacy in Ukraine

Legality of surrogacy in Ukraine being generally favorable for this direction, is protective of the interests of genetic parents.
The Ukrainian legal framework has only a rough outline of the general surrogacy regulation, the conditions and indications for using the method, algorithms of treatment, the basic list of documents and the order of parental rights registration. At the same time the contents are left at the mercy of program participants and are determined on a contractual basis.
Pursuant to the existing regulations in Ukraine, the restrictions for surrogate motherhood program participation are minimal. So, a man and a woman, Ukrainian citizens or foreigners who are registered as married and have the appropriate medical conditions can take part. Surrogate mother may be an adult capable woman without medical contraindications, who has her own healthy child.
It is important that the child should have a genetic link with both or one of the potential parents (gestational surrogacy).
At the same time, the classical type of surrogacy, where a child is genetically related to a surrogate mother, is prohibited in Ukraine.
In addition, single men and women, as well as foreigners who are in a registered same-sex marriage, cannot use this method.
Surrogacy program is one of the methods of infertility treatment, and not an opportunity to transfer the reproductive function to a surrogate mother in order not to harm her figure, not to fall out of social life, or avoid other “inconveniences” of social nature related to pregnancy, carrying and birth of a child.
At the same time they admit that the loyalty of Ukrainian legislation in the surrogacy sphere is a “double-edged sword” as “almost complete total permissiveness entails the absence of common approaches of the market participants and a number of problems in the program implementation”. In particular, the Ukrainian legislation contains no requirements to the fundamental document – the contract of the potential parents with a surrogate mother, stipulating only that to participate in the program one should present a notarized copy of such a contract.
The contents of such agreement is a fantasy of lawyers at best and of potential parents and a surrogate mother at worst, who take a template from the Internet to save money. As practice shows, such thriftiness can lead to extremely unfortunate consequences.
For foreign prospective parents, the most serious problem is the presence of difficulties in taking the child out of Ukraine and legalizing it in the parents’ country of residence.
Conscientious consultants always recommend obtaining a legal opinion in the home country and at the embassy of their country in Ukraine beforehand. However, there are cases when in the pursuit of material remuneration clinics and agencies take on programs involving potential parents, in whose country surrogacy is prohibited.
The lack of control and impunity of the state in the surrogacy field creates fertile ground for all kinds of impure businessmen, which, in addition to problems for the program participants, brings reputational risks for the state.

Generally, the Ukrainian legislation protects the interests of genetic parents. In particular, there is a presumption of parenthood of potential parents, i.e. a surrogate mother initially has no rights to the child. Moreover, there is an explicit prohibition for a surrogate mother to dispute the maternity.
At the same time jurists think that there should be a balance of interests of the potential parents and the surrogate mother. They also stress that the most unprotected person is a child, and it is his/her interests that should be the priority.
Surrogacy is a type of IVF (in vitro fertilization), when the biological mother is not able to bear a pregnancy for health reasons.