Legal side of Surrogacy programs in Ukraine


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    Legal side of Surrogacy programs in Ukraine

    As it was previously told, Ukraine is a state where surrogacy is permitted by law. ADONIS Family Medical Center provides the whole range of assisted reproductive treatments (ART), including Surrogacy, strictly based on medical indications and according to Ukrainian law. Let’s speak in details about legal requirements and answer the most frequently asked questions.

    According to Ukrainian law and the terms of the Contract, surrogate mother does not have parental rights for the child born during surrogacy program. 

    When an embryo, created with biological material of both spouses, is transferred into another woman’s uterus during ART program,  the spouses are deemed the parents of the baby. Genetic parents are considered to be legal parents of the baby.

    The agreement on surrogacy shall be legal only if the rights of the surrogate mother, genetic parents and the unborn child are not violated. 

    The agreement on surrogacy should determine:

    1. Agreement parties: a surrogate mother on the one hand and married to each other genetic parents on the other;

    If the surrogate mother is in a registered marriage, then the conclusion of such an agreement requires notarized consent of her spouse (in the form of an application).

    1. Surrogate mother must be of legal age;
    2. Genetic parents must be of legal age and married, as well as one of the genetic parents must have medical indications for the use of assisted reproductive technologies.
    • Subject of the agreement: 

    The embryo created from the genetic parents’ biological material with the help of assisted reproductive technologies and is transferred to the surrogate mother’s uterus, who carries and gives birth to a baby having no biological connection with it. Surrogate mother also agrees to give the baby to genetic parents just after the birth. Genetic parents acquire all rights and obligations in relation to the child and undertake to pay all expenses and the surrogate mother’s fee approved before.

    1. Form of an agreement 

    The contract for surrogacy is concluded in a written form at the request/consent of the parties, is subject to notarization to guarantee the rights of the unborn child, surrogate mother and genetic parents.

    1. Time of conclusion of the contract

    The agreement for surrogacy is concluded after a surrogate mother and genetic parents pass all medical examinations, but BEFORE the embryo is transferred.

    The notary must make sure that the surrogate mother and genetic parents are in a firm mind, clear memory, without any compulsion, not under the influence of difficult circumstances, have read the terms of the contract carefully, have read the contract personally and agree with every point. It’s very important to make sure that they agree with everything and there are no aspects, which are not clear for them.

    1. Additional documents to the contract:
    • Notarized Consent of the surrogate mother’s husband;
    • Notarized Statement of free will of the surrogate mother, informed consent for participation in the surrogacy program;
    • Notarized Statement of free will of each genetic parent, informed consent for participation in the surrogacy program.
    • Notarized Statement of the surrogate mother about her consent to register the child with the genetic parents, which is submitted upon registration of the child with the civil registration authority.
    1. Rights and obligations of a surrogate mother
    2. Rights and obligations of genetic parents
    3. All expenses and remuneration for the surrogate mother
    4. Terms of termination of the contract or early termination of the contract.
    5. Responsibility for violation of the contract terms.
    6. The institutions (clinic) in which fertilization and childbirth will be carried out
    7. Additional terms agreed by the parties.

    List of  required documents:

    • passports of genetic parents;
    • genetic parents’ marriage certificate with legalization;
    • medical certificate of the genetic parents with indications for surrogacy program;
    • passport, identification code of  surrogate mother;
    • birth certificate of surrogate mother’s children;
    • medical examination of the surrogate mother;
    • notarized consent of the surrogate mother’s husband (in case she is married).

    To sum up, it looks like to be complicated, but it is not so. Our ADONIS Team includes highly professional Legal Department, which makes the whole process clear and simple. From the very beginning of the program, your personal coordinator will assist you with all the questions and try to make process easier and smooth.

    Welcome to ADONIS Family Medical Center!