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.