Ukrainian legislation for surrogacy 123

Ukrainian legislation for surrogacy 123

Postby Georgia on 07 Aug 2012, 09:44

LEGAL ASPECTS
Legal aspects of surrogacy in Ukraine are regulated by Article 123 of The Family code of Ukraine (as amended from December 22, 2006 No. 524-V) which regulates affiliation of the child, born in case of assisted reproductive technologies (ART)
Surrogacy is where a woman agrees to carry and give birth to a child for a couple or a single person. According to Ukrainian law, it is required that the couple seeking for a surrogate is officially married (man and woman). It is forbidden to use both donated eggs and donated sperm as it is considered “selling of children” due to the article 123 of Family Code of Ukraine. Thus, one of the parents of the child MUST be a biological parent who donated sperm (husband) or donated an egg (wife).
Georgia
 
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Re: Ukrainian legislation for surrogacy 123

Postby Agnes on 03 Feb 2015, 17:10

Hi!!! MY hubby and I spent a lot of time to choose the best country for surrogacy. One of the most important aspects was the legislation of the country. Ukraine is the best option for us. Actually we had two variants: Ukraine and Russia. According to the Russian legislation the surrogate mother has rights for the baby. In such way these “mothers” want to get as much money from the biological parents as possible. I saw a lot of videos, read a lot of articles… We decided that surrogacy in Russia is not acceptable for us!!! So we stopped on Ukraine. In the sphere of surrogacy, Ukrainian legislators have proven to be far more progressive than many of their European countries. Today, Ukraine is one of the very few surrogacy friendly countries in Europe. Unlike other nations that limit or even ban surrogacy, in Ukraine the intended parents of child are considered to be biological parents from the moment of conception, and they are specifically named as biological parents in the birth certificate without any mentioning of surrogate mother.
Importantly, the surrogate cannot legally keep the child after the birth. On the contrary: the child is considered to legally belong to the prospective parents from the very moment conception. In fact, in the legal history of Ukraine, there has not been a single reported case of a disputed custody claim arising over a surrogate parenting arrangement or the validity of a surrogacy agreement
In general, applicable Ukrainian legislation lacks almost all prohibitions that are commonly found in other European countries, and offers the following advantages:
• No limits on surrogacy related payments
• No additional legal procedures to obtain court order
• No adoption of your own child is required
• Ukrainian law allows to issue birth certificate to intended parents' names regardless of their genetic links to the child
• Donor or a surrogate mother has no parental rights over the child, who is legally the child of the prospective parents from the moment of conception
Legal aspects of surrogacy in Ukraine are regulated by Article 123 of The Ukrainian Family Code (amended December 22, 2006, No. 524-V).
Surrogacy is also regulated by Order 24 and Order 771 of the Health Ministry of Ukraine, which deals with medical procedure of artificial insemination and embryo implantation. Importantly, this Order requires that artificial insemination must be carried out only in specially accredited medical institutions in accordance with the methods approved by the Ministry of Health Care of Ukraine. It also provides a checklist of information that must be provided to the couple seeking medical assistance, namely: the details of the medical procedure, the results of medical examination of the future surrogate mother and medical and legal aspects of the consequences, etc. A written informed consent of intended and surrogate parents participating in the program is mandatory.
Various agreements have to be signed between the parties, including contracts with the medical institution responsible for insemination and further medical surveillance, the surrogate mother and surrogacy agency (if any).
Gestational surrogacy agreement is an indispensable tool. It is also one of the most difficult agreements to negotiate and draft. Unfortunately, Ukrainian legislation does not provide any useful guidance, leaving the parties to their own devices in addressing the key issues. As a result, surrogacy agreements are usually “self-contained,” highly complicated documents, reflecting many contingencies. These agreements are enforceable legal documents that will regulate the relations between surrogate mother and the intended (genetic) couple.
An agreement with the medical institution deals primarily with the medical institution's services, including responsibility for choice of surrogate mother (if applicable) and her full medical examination, obligation to carry out all procedures in accordance with the methods approved by the Health Ministry of Ukraine and intended (genetic) parents' requirements, the terms and conditions of medical observation during the pregnancy, payment structure, confidentiality and non-disclosure of information to the child or any third party, among others. Some medical institutions request that intended parents “shall not to submit any legal claims against the institution for any reason,” which clearly contradicts Article 3 of the Civil Procedural Code of Ukraine, namely, the individual’s right to defend his or her interests in court.
Since the Ukrainian Family Code presumes that genetic parents of the child born by a surrogacy will be a married couple, a Ukrainian notary will need to see a marriage certificate of the genetic parents, notarized and apostilled, translated and translation must be notarized.
Pursuant to the Ukrainian Rules for Statistic Registration, dated 10/18/2000, foreigner citizens may apply for a birth registration to the Ukrainian Vital Statistics Office. They have to submit a medical certificate that proves their genetic relationship to a child and the surrogate’s written consent to record their names on the birth certificate of the child she delivered. The names of the intended (genetic) parents are written in the birth certificate upon the child’s birth. There is no need to get any special permits from any committee, court or other institution. No adoption procedure is required.
However, it is often more convenient to approach the Consular Office of the parents’ home country and obtain the child’s passport. It is usually possible when the surrogacy is legal in the own country and the parents can prove they are genetically related to the child.
In conclusion, today’s options for family formation extend beyond adoption. Advances in medical science offer intended parents a number of new pathways to parenthood. Some of these paths, such as sperm donation and traditional surrogacy, have long been in existence. Other procedures, such as egg donation, embryo transfer, and gestational surrogacy, are more recent developments in the field.
As with the medical procedures, it is equally necessary to understand the legal landscape upon which a family will be built, as well as any restrictions concerning surrogacy in your country of origin. Before embarking on your surrogacy journey you should retain qualified Ukrainian legal counsel that is experienced in working with international clients. And remember that surrogacy is prohibited or restricted in many European countries. Depending on your specific circumstances and citizenship you may require legal representation both in Ukraine and in your home country.
Agnes
 
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Re: Ukrainian legislation for surrogacy 123

Postby Madeline on 13 Apr 2017, 14:26

All these topics are so interesting! i didn't know how it works in Ukraine. that's very imformative post!
Thank you, Agnes! You did a great job by highlighting all the principle laws and advantages of Ukraine as a destination for surrogacy! I don't regret I signed the contract exactly with this clinic! I feel I did a right choice! I hope for the best!!!
Madeline
 
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Re: Ukrainian legislation for surrogacy 123

Postby ff876 on 16 May 2017, 15:31

I wish this forum was more active. Like the WEB-site of BioTexCom is really useful but it'd be even better if there were women or just people who'd have some supportive words for me... Anyways it's always nice to read anything that can potentially shed a light on your own situation. Signing with Biotexcom was definitely a great idea.
ff876
 
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Re: Ukrainian legislation for surrogacy 123

Postby Katerest on 17 May 2017, 10:02

I’m joining up your idea. it would be really useful and comfy for people which want cooperating in some specific issues.
For example if we concretely tend to discuss Ukrainian tendencies in the field of modern reproductology why do we need to do it on the UK or Canadian forums?
It could be the good place for such conversations. And also it will add a useful attention to the clinic in particular. Two targets destroyed with one bullet!
Katerest
 
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Re: Ukrainian legislation for surrogacy 123

Postby ff876 on 22 May 2017, 14:24

Yes, well, I agree with you! And I feel like there should be a separated space for those who are like us, who seek treatments in Ukraine. But we should not act regardless to the fact that there is no forum like those of GB or Canada that is as popular and comfy to use.
However I am fully for the idea of creating a platform for people to ask their questions about Ukraine.
ff876
 
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Joined: 13 Apr 2017, 10:01

Re: Ukrainian legislation for surrogacy 123

Postby Lea on 13 Jun 2017, 11:02

Hi, I've just registered on this forum and found this surrogacy section. You have discussed an interesting issue. You are all right why should we speak volumes of ukrainian surrogacy on different forums. And I support your idea ff876 to create a platform.
Just give me to know when you will start, I'm willing to help you, all infertile couples deserve to be happy.
Lea
 
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Re: Ukrainian legislation for surrogacy 123

Postby Mirela on 15 Mar 2019, 12:58

In Ukraine, surrogate motherhood is regulated by an explicit law that can be found in the Family Code of Ukraine, as one shall see below. In accordance with its clauses, only childless, heterosexual couples who are married to each other are eligible to have a baby through surrogacy in this country. Additionally, a major advantage of choosing Ukraine as your destination for surrogacy abroad, besides its attractive costs, is the fact that American intended parents do not need a special visa to enter the country. In Ukraine, surrogacy arrangements are permitted by law as long as the parties involved do meet the following requirements: To be an officially married, heterosexual couple.
At least, the intended father is able to provide his genetic material. Ideally, the law envisages that both commissioning parents provide their gametes for the creation of the embryo.
To have a medical cause that is preventing the intended mother from becoming pregnant or carrying a pregnancy to term under safe conditions for both her and the baby-to-be.
Uterine malformations, being born without uterus (i.e. Rokitansky syndrome), anatomical, morphological and/or structural problems of the uterine lining that lead to implantation failure or are incurable are some examples of what the law accepts as medical causes.
Also, severe Somatic Symptom Disorders (SSDs) that may put the life of the patient at risk during pregnancy but have no influence on the health of the fetus are considered to be a valid reason as to why one may need a surrogate to have a baby.
Having gone through 4 failed IVF attempts using high-quality embryos is also considered a medical cause that can leave a couple no alternative but to turn to surrogacy. In such cases, the Ukrainian authorities will require you to provide proof from the fertility clinic you were working with in your home country.
As mentioned earlier, no special permit is required by the Ukrainian government to enter the country for the purpose of surrogacy. However, a visa or valid Ukrainian residency is required for stays longer than 90 days (3 months). Also, you are required to a have a valid health insurance.
Additionally, the Ukrainian law allows egg donation, although egg donors must remain completely anonymous. This means that neither the donor nor the intended parents can get to know each other, including seeing pictures or in person.
Moreover, the legislation on assisted reproduction practice in Ukraine allows the use of PGD with gender selection to choose the sex of the baby. Doing it by means of PGD means that it is carried out prior to the embryo transfer to the surrogate’s womb.
Doing more research makes wonders :idea:
Mirela
 
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Re: Ukrainian legislation for surrogacy 123

Postby Elizabeth on 29 Jul 2019, 22:51

Surrogacy is the way out for a huge number of intended parents all over the world. But here one should be aware of two sides of the coin. And the very first one is legislation. From what I've already got to know, Ukraine is more affordable and cost-effective as compared to other legal surrogacy destinations. When the baby is conceived noone but the intended parents have all rights - and this is a more significant factor from all. Whatever way is chosen may people be blessed with their well deserved babies ;)
Elizabeth
 
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Joined: 19 Nov 2015, 16:31


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