Big Question: Is Surrogacy Legal in Ukraine?

Ukraine may be undergoing war situation currently; still there no one disputing the fact that it is used to be one of the most favorable surrogacy destinations across the globe. Moreover as the situation improves, we may expect surrogacy Ukraine to flourish the way it used to be a year back.  

That said, you must always stay prepared with the right and most appropriate information about every key aspect and element related to surrogacy in Ukraine.

Is surrogacy legal in Ukraine?

Being an intended parent, you must know that surrogacy stands as a legal arrangement in this famous European country. That said, only the married heterosexual couples can pursue surrogacy in this part of the world.

Hence, if you are searching for surrogacy for LGBT couples in Ukraine or surrogacy for singles in Ukraine, you may have to look to other countries like Cyprus or Georgia.

In accordance with Ukrainian law, Intended Parents stands as the legal parents of the born child. Moreover, their names are listed on the birth certificate once the child is born, and the surrogate is not given any parental rights.

As a result, the surrogate lacks the legal right to parent the child or assert any other rights. The intended parents' names are still listed on the birth certificate even if intended parents have hired the services of egg or sperm donors and there was no biological connection between the child and them.

 

Surrogacy Agency in Ukraine

Other key legal considerations during surrogacy in Ukraine

The Family Code of Ukraine's Clause 123, which establishes the parental relationship in situations involving medically assisted reproduction, is the official legal framework in Ukraine for the regulation of surrogacy. According to the act, "[married couple] shall be the parents of the child if an ovum conceived by  [married couple] is implanted to another woman. The provision protects the surrogacy agreement while also limiting the practice to married couples only. (The term "married" refers to Ukrainian law, which does not currently recognize same-sex unions.)

The Health Ministry of Ukraine's Orders 24 and 771, which address the medical practices of artificial insemination and embryo implantation, set the rules for baby registration. In cases where a woman has given birth to a child conceived by another couple (i.e., a surrogacy arrangement), the order states that the surrogacy agreement signed by the intended parents and the surrogate's written consent are the basis for the child's registration. The agreement is submitted along with the medical record attesting to the surrogate's delivery of the intended parents' child, and this permits the intended parents to be listed as the child's legal guardians.

Pre-requisites for the intended parents and the surrogate mother

Regardless of whether you are an intended parent or the surrogate mother, you are subject to certain test and diagnosis during surrogacy in Ukraine. On the other hand, the parties need to go through an extra round of tests in case you are pursuing surrogacy for HIV carrier in Ukraine.

While the surrogate mother needs to be physically and mentally healthy, she further needs to show her willingness to carry the child for the intended parent. Besides, she should have carried a child of her own successfully in the past.

On the other side, if the intended parents are pursuing surrogacy for HIV carrier in Ukraine, additional tests related to sperm washing needs to be conducted in accordance to the law and regulations laid down by the government.

Final words

Do remember that Ukraine is currently witnessing a military conflict with Russia and all the clinics and agencies have been shut down. That said, the future still seems bright for the future parents given the possibility of a ceasefire between the two countries in the near future.

Being an intended parent, you just need to stay in touch with a reputed surrogacy agency in order to make the most out of your surrogacy aspirations in Ukraine.

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