The Family Code Of Ukraine Sets The Origin Of A Child

The Only Legal Parents Of A Newborn

Ukrainian legislation intrinsically identifies intended parents that are involved into the surrogacy process as the only legal parents of a newborn.

Surrogacy Agreement

We strongly advise to get surrogacy agreement notarized.

The data presented hereafter is openly available but it is structured according to Parents Life’s experience. It may be discussed thoroughly during one-to-one sessions with Parents Life’s clients. The Family Code of Ukraine sets the origin of a child who was born as a result of assisted reproductive technology (ART) implementation.

Once an embryo conceived by a married couple (intended parents) is transferred to surrogate’s uterus, the only legal parents of a newborn will be intended parents.

Ukrainian legislation intrinsically identifies intended parents that are involved into the surrogacy process as the only legal parents of a newborn. This condition of Ukrainian law is the most progressive and convenient for intended parents. It does not require a surrogate to waive parental rights for a newborn or any court hearings to acknowledge intended parents as the only legal parents of a newborn.

In-depth Practical Knowledge of the Surrogacy Agreement

Gestational Surrogacy Agreement

Ukrainian legislation does not provide any specific requirements for a surrogacy agreement. It is important to figure out on general provisions of the Civil Code.

It is important for intended parents to get in-depth practical knowledge of the surrogacy agreement defining the legal relations in between the intended parents and a surrogate. Now, Ukrainian legislation does not provide any specific requirements for the surrogacy agreement. Thus, it is important to figure out on general provisions of the Civil Code regulating the contractual relationships between citizens.

Before executing the surrogacy agreement, a surrogate must be fully examined according to the Order of the Ministry of Healthcare of Ukraine No. 787. Intended parents may insist also on additional genetic and/or psychological tests of a surrogate. The outcomes of those exams allow intended parents to make sure that a surrogate is healthy.

The main topic of the surrogacy agreement could be a provision by a surrogate a work objective to bear and deliver a healthy child conceived by intended parents as a result of ART, along with surrogate’s writing consent that intended parents are going to be documented as the child’s legal parents. The surrogacy agreement should also include obligations of a surrogate to fulfill all recommendations from medical team throughout the IVF treatment plan, pregnancy and childbirth, along with intended parents’ notification on her health condition, pregnancy status and any change in her home address. As the first embryo transfer attempt does not necessarily lead to healthy pregnancy, the surrogacy agreement should also specify the number of attempts and an expected timing of their fulfillment.

Special attention should be devoted to the reimbursement procedure for any additional treatments in case of pregnancy complications (e.g. ectopic pregnancy, uterine rupture, etc.). It is also reasonable to discuss ahead on time the number of embryos to be transferred and probability of multiple gestations in situation when several embryos are transferred. Usually, a surrogate carrying multiple fetuses is addressed additionally within the surrogacy agreement.

It is advised to incorporate into the surrogacy agreement clauses regarding the responsibility of a surrogate to be registered at maternity hospital after pregnancy confirmation within a certain period, undergo regular medical exams in maternity hospital or any other medical institution (which name could be specified in the surrogacy agreement as well) and fulfill the rules of carrying a child and a healthy lifestyle. Among the conditions of the surrogacy agreement, there could be surrogate’s consent to cesarean section because of medical reasons.

An essential part of the surrogacy agreement should include provisions regulating responsibilities of intended parents – particularly, their obligation to accept a newborn within a certain time period after delivery, cover all costs for medical services, as well as for a surrogate during the period of preparation for IVF treatment plan and through being pregnant and giving birth. The surrogacy agreement also needs to specify all payments that belong to a surrogate.

Unlucky cases may occur and could adversely affect interests of the parties towards their surrogacy agreement. Therefore, the parties should set up within the surrogacy agreement all their obligations and responsibilities in situation of divorce or dying of either intended parents, premature birth or any pathology, or even the spontaneous pregnancy loss.

To reduce negative effects for the parties from such cases, it is suggested for intended parents to specify within the surrogacy agreement their guarantors, who will take custody about a newborn in case of dying of intended parents or their lack of ability to look after a newborn because of existence conditions, escrow account for compensation payments, medical and/or other insurance plan for the surrogate, prorate payments in case of pregnancy termination for reasons beyond surrogate’s control.

Ukrainian legislation does not demand notarization of the surrogacy agreement. However, to be able to fulfill the need of medical institutions to get a notarized copy of such an agreement, we strongly advise to get one notarized. This is also important because, if required, the notary can certify the fact that, when signing the surrogacy agreement, the parties acted under their own accord, that belongs to their freedom, not underneath influence of fraud or coercion, fully understanding their actions and all sorts of provisions of the surrogacy agreement’ clauses, along with a proven fact that prospective surrogate was completely conscious of possible danger to her existence and health associated with her pregnancy.

For foreign couples, the surrogacy agreement and all sorts of connected documents might be drafted bilingually or perhaps a licensed interpreter may help with filling out the documents. When executing the surrogacy agreement, intended parents should notarize the statement of a surrogate that contains her covenant to certify intended parents as a newborn’s parents in official records of births, deaths and marriages that is needed later for a newborn’s proper registration.

A Newborn’s Birth Should Be Registered Within 30 Days Of Delivery

Newborn’s Birth Registration

Neither information in regards to a surrogate is incorporated into birth certificate, nor the mentioning of a newborn’s birth as a result of surrogacy.

The data concerning a newborn is transferred by phone towards the children’s polyclinic at the living address of a surrogate (or intended parents when they register a newborn as their own) at the time of discharge from maternity hospital. When intended parents are not Ukrainian citizens thus have no permanent living address, they indicate their temporary living address, where they will reside during the preparation of all the documents to leave Ukraine as well as for a pediatrician to look at a newborn.

Upon successful delivery, a surrogate is discharged from maternity hospital in a week with a newborn’s medical birth certificate, and then, the registration process can commence. If a newborn comes into the world preterm or there are any signs of abnormality, a surrogate may remain in maternity hospital by taking care of a newborn for up to several weeks. In this case, intended parents should register a newborn as soon as possible so intended mother can stay in maternity hospital with a newborn instead of a surrogate.

To register a newborn with a Ukrainian state registration authority properly, intended parents must be present in person (with their passports and marriage certificate) by submitting: a) the certificate of the genetic relationship between intended parents (or, one of them) and a newborn issued by medical institution getting arranged surrogacy procedure, b) the medical birth certificate from maternity hospital certifying delivering of a newborn by a surrogate, and c) the notarized statement from a surrogate declaring her intent to register intended parents as a newborn’s legal parents.

The certificate of the genetic relationship is issued by medical institution getting arranged surrogacy procedure and contains information about intended parents and a surrogate, in addition to details about intended parents’ genetic relationship towards a newborn.

If intended parents have different surnames, they have to submit a joint statement, which will specify a newborn’s surname. It is also feasible for an authorized agent of intended parents (acting under power of attorney) to gather all needed documents, submit them to an appropriate state registration authority and get back birth certificate. If this kind of authorized agent performs these actions, he or she must possess a passport or perhaps a similar document certifying his or her identity.

Even without a marriage certificate in hands, a formal record certifying intended parents’ marriage at their passports may serve as an evidence of their marriage.

Newborn’s birth certificate is issued in Ukrainian, provides the reference number of the record of a newborn’s birth, surname, name and (optionally) the patronymics of intended parents and a newborn, along with a newborn’s birth date. Neither information in regards to a surrogate is incorporated into birth certificate, nor the mentioning of a newborn’s birth as a result of surrogacy.

Data regarding a surrogate, maternity hospital getting issued the medical birth certificate, and the notary getting certified a signature of a surrogate on her statement are contained only within the records of state registration authority.

Newborn’s birth certificate can be further translated into any language, notarized and legalized (if required) in order to be valid abroad. Many countries worldwide do not require any other documents apart from the Ukrainian birth certificate.

A newborn’s birth should be registered within 30 days of delivery. Failure to register a newborn inside the specified period is recognized as an administrative offense and may lead to a fine.

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