In Ukraine, the use of the method of surrogacy and egg donation is permitted and regulated by legal acts.
The Ukrainian legislation clearly states that the surrogate mother has no rights to the child she gave birth to as a result of the use of reproductive technologies and the transfer of the intended parents’ embryo to her.
The Civil Code of Ukraine (Article 281) stipulates that an adult woman or man has the right to go through treatment programmes for assisted reproductive technologies on medical grounds.
The Family Code of Ukraine (Article 123) defines the origin of a child born as a result of the use of assisted reproductive technologies as follows:
- In the case of transferring into another female body a human embryo conceived by the spouses (a male and a female) as a result of the use of assisted reproductive technologies, the child’s parents are the spouses.
- Order of the Ministry of Health of Ukraine № 787 from 09.09.2013 about approval of the procedure for the use of assisted reproductive technologies in Ukraine regulates the medical and organisational subtleties of surrogacy.
1. Intended parents must be in a registered marriage. Surrogacy programmes for single men or women, or for couples who are not married are currently illegal in Ukraine.
2. Women must have medical reasons for a surrogacy programme, for example, the inability to bear a child because of the absence of the uterus, having had four or more unsuccessful IVF attempts or the impossibility of carrying a child for health reasons.
3. A genetic connection between the parents, or one parent, with the unborn child is obligatory. Either the sperm of the future father or the oocytes of the future mother must be used. Meanwhile, there must be no genetic link with the surrogate mother. A surrogate mother cannot be an egg donor.
Learn more about the peculiarities of surrogacy programmes in Ukraine for foreign citizens, as well as the exit process by watching the video:
