Gestational Surrogacy In Ukraine Is Managed By Law

Intended Parents Are The Legal Ones

Parents Life provides gestational surrogacy services in Ukraine. We aim to ensure that high-quality services and fertility treatments are efficient.

Ukrainian Legislation

The Family Code of Ukraine sets the origin of a child.

Gestational surrogacy in Ukraine is well managed by law and it is a regular legal procedure. Intended parents of a child born via gestational surrogacy are considered to be the legal ones.

Both citizens of Ukraine and foreign couples are allowed to step in onto gestational surrogacy programs in Ukraine. As the surrogacy agency, Parents Life provides gestational surrogacy services in Ukraine.

We aim to ensure that high-quality services and fertility treatments are efficient. In general, implementation of gestational surrogacy in Ukraine is protected by the law and is relatively cheap.

Back to the history, gestational surrogacy program for the first time was implemented on the territory of Ukraine in 1992. The first Ukrainian surrogate was a 46-year-old woman, a mother of a patient suffering from infertility because of Mayer-Rokitansky-Kuster-Hauser syndrome. Having had no uterus, the patient had normally functioning ovaries. Due to that, the patient went through controlled ovarian stimulation and follicular aspiration. Sixteen oocytes were inseminated using the sperm of the patient’s husband. Two days later, three embryos were transferred into the uterus of the patient’s mother. In one month, ultrasound investigation confirmed the pregnancy.

On July 13, 1993, a healthy full-term 2700-g baby girl was born.

Regulation Of Gestational Surrogacy In Ukraine

Art Should Be Done For Medical Reasons

The Civil Code of Ukraine guarantees the right of the person to use ART in compliance with the legal terms established by the relevant law.

Nowadays the authority to implement assisted reproductive technology (ART) and surrogacy governs the most crucial facets of the clinical ART in Ukraine. Specifically, the Civil Code of Ukraine guarantees the right of adult women and men to use ART in compliance with the terms and conditions established by the relevant law.

Based on the Ukrainian legislation about healthcare, the implementation of ART should be done based on the terms and conditions authorized by the Ministry of Healthcare of Ukraine for medical reasons for an adult woman using the written consent from the couple.

Anonymity and medical confidentiality to egg (or sperm) donor’s must be guaranteed. Thus, ART is classified as an erectile dysfunction performed strictly for clinical indications. It excludes the possibility of its use for social reasons or in the patient’s demand.

Surrogacy In Ukraine For The Foreigners

Background Of The Ukrainian Legislation

As for legal rights, Ukrainian legislation does not contain any distinctions for foreign citizens from other countries when compared to citizens of Ukraine.

Foreign citizens can follow the legal provisions governing ART in Ukraine. In particular, gestational surrogacy, in addition to obtaining legal protection of their personal data along with other economic and private interests when taking part in such medical programs.

Based on the law of Ukraine about Legal Status of People from other countries and Stateless Persons, those people residing in Ukraine on legal grounds benefit from the same legal rights and freedoms also perform the same responsibilities as citizens of Ukraine.

A few exceptions prescribed in the Constitution, laws and regulations or worldwide agreements of Ukraine exists for such people. As for legal rights to use ART and upkeep medical confidentiality, Ukrainian legislation does not contain any distinctions for foreign citizens from other countries when compared to citizens of Ukraine.

With this particular background of the Ukrainian legislation, it is worth noting that citizens of countries where surrogacy is illegitimate might face difficulties in getting a child born through surrogacy in Ukraine for their home country, registering the child and establishing the child’s citizenship.

If a married couple intending to implement surrogacy in Ukraine doesn’t have sufficient information within the field of family and immigration laws and regulations of their home country, they should get information from the Ministry of Justice (or equivalent institution) of their native country.

This should be done in advance to get the appropriate current policy around the matter and to assist in coordinating the issue with consular staff for their country in Ukraine. It is essential to clarify this process and terms to prepare all needed travel documents for that child.

Requirements To Intended Parents Who Plans Surrogacy

It Is Not Feasible For Single Individuals

Gestational surrogacy is a reproductive technology used to treat infertility just for valid medical reasons, the list of which is described below.

An essential condition for applying a surrogacy services in Ukraine is the authorized marriage between the man and women who will end up the biological parents. Therefore, at the moment, it is not feasible for single individuals, couples whose marriage is not officially registered or individuals in a same-sex marriage recognized in other jurisdictions to acquire surrogacy in Ukraine and, consequently, to become acknowledged as the parents of a child born with the aid of a surrogacy here.

Surrogacy is a reproductive technology used to treat infertility just for valid medical reasons. The list of medical reasons where surrogacy is allowed summarized as follows.

Medical reasons for using surrogacy in Ukraine:

  • Lack of the uterus (congenital or acquired),
  • Deformation of the uterine cavity or cervix because of congenital malformations or caused by surgical procedures or benign tumors, stopping childbearing,
  • Untreatable structural, morphologic or anatomic alterations in the endometrium that cause losing receptivity, including uterine adhesions,
  • Severe medical illnesses that will cause childbearing to threaten the health or existence of the recipient but that do not affect the healthiness of the unborn child,
  • Unsuccessful repeated ART (four or more times) where high-quality embryos were acquired although their transfer did not lead to pregnancy.

Documents needed from intended parents:

  • Statement (application) of intended parents,
  • Copies of their passports,
  • Copy of a marriage certificate,
  • Notarized copy of the surrogacy agreement between surrogate mother and the intended parents.

Privacy and Confidentiality

Surrogacy Can Be Done Confidentially

The confidentiality of private data of patients applying for surrogacy services in Ukraine is stuck to the relevant law “Concerning Personal Data Protection”.

Health care in Ukraine is supplied underneath the relation to medical confidentiality and physician-patient privilege. In compliance with the fundamentals of the Ukrainian legislation about healthcare, medical workers along with other persons getting aware throughout the fulfillment of the professional responsibilities from the disease, medical examination or tests as well as their results or information on intimate or family existence of the citizen are not allowed to reveal these details, with the exception of the cases indicated in the law.

The Civil Code of Ukraine also ensures the right to confidentiality about a patient’s health status, the fact of her or him looking for a health care, their diagnosis, in addition to information acquired during their medical examination.

A person violating patient confidentiality may face civil, administrative and even criminal penalties.

To be able to preserve the confidentiality of private data of patients applying for surrogacy services in Ukraine, medical facilities shall also stick to the relevant law “Concerning Personal Data Protection”.

Thus private data associated with a person could be considered as confidential information about that person through the law or by the person concerned. In compliance using the law, processing of confidential private data about individual will be forbidden without their consent, with the exception of the instances supplied by what the law states and just within the interests of national security, economic welfare and human legal rights. The law provides the possibility of data depersonalization – the removal of data allowing direct or indirect identification of the person.

Thus, surrogacy can be done in strict confidentiality and medical secrecy.