Legal situation in Ukraine


Ukrainian legislation is one of the most liberal legislations in the world allowing surrogacy techniques for all citizens around the world. The law in Ukraine establishes perfectly well the requirements to start a process and guaranteeing its full legality.

Ukraine is one of the destinations to which European and Spanish people, mainly, travel in looking for a surrogacy because it is one of the countries with the cheapest surrogacy programmes.

For this reason, more than 900 families in our country have been able to make their dream of becoming parents come true.

 

1. Ukraine legislation

Surrogacy is absolutely legal in Ukraine, as allowed by the Family Code and Order 771 of the Ministry of Health. In this regard, article 123.2 of the Family Code establishes that if an embryo conceived by a couple, as a result of the application of assisted reproduction techniques, is transferred into the body of another woman, the parents of such child will be the couple. With the consent of the pregnant woman, the name of the principals shall be directly indicated on the birth certificate. With the consent of the surrogate mother, the name of the intended parents will directly appear on the birth certificate.
 

2. Requirements

At present the requirements of the legislation in force to carry out a process in the country are the following:

  • To be a heterosexual married couple (common-law couples, single men or women or same-sex couples do not have the possibility of being admitted).
  • The husband must provide his own genetic material.
  • The intended mother must provide a medical certificate that either the pregnancy could endanger her health or that of the baby or prove to have carried out IVF treatments with 4 failed attempts.
 

3. Gender selection

Unlike other countries where a medical reason is necessary in order to choose the baby’s gender selection, Ukrainian law on Assisted Reproduction allows the baby’s gender selection, for which purpose the PGD test should be carried out on the embryos before these embryos are transferred to the surrogate mother.
 

4. Ukrainian Registration

Once the baby is born, the intended parents must register the baby in the Ukrainian civil registry. To do so, a birth certificate issued by the clinic must be provided.

Since surrogacy is allowed in Ukraine, both the intended father’s and the intended mother’s details will appear on such certificate. No details or information about the surrogate mother will appear in it. It is forbidden for the surrogate mother to claim maternity and she has no right or obligation over the baby.

In order to register the birth certificate in the Ukrainian civil register, it must be attached to a relinquishment document signed by the surrogate mother.

Advantages and disadvantages of Ukraine


ADVANTAGESDISADVANTAGES
The offer fixed-price programmes that include most of the possible eventualities. In the great majority of the cases, there are no extra expensesOnly heterosexual married couples
The cost of a process is much cheaper than in the USA. Most programmes range from 50,000 and 60,000 euros in totalThe intended mother must prove with a medical certificate she is unable to gestate, or that it represents a serious risk to her health
GESTLIFE has its own offices and staff (13 people) in Kiev, engaged in the control and monitoring of processes
Closer proximity: 3 hours and a half flight time