Ukraine allows compensated (commercial) surrogacy for both foreigners or locals married heterosexuals since 2000. Therefore, legally married heterosexual couples can only apply for surrogacy under Ukrainian legislation. The Family Code of Ukraine of the Ministry of Justice and the Ministry of Health of Ukraine has the ultimate authority to determine the legal regulation of surrogacy. According to the law of Family code of Ukraine, embryos created by using IVF technique for surrogacy purpose are transferred to the surrogate mother’s womb for gestation. But indented parents are legal parents of the born child. Therefore, according to the surrogacy law in Ukraine, born child belongs to intended parents and surrogate has no parental right on them. Moreover, according to this law, Ukrainian birth certificate has mentioned both intended parent’s names.The selection of surrogate, the responsibility of clinic, procedure of registering intended parents, registering the born child for the babies are all legally take care of in Ukraine.
Intended parents have to submit the official marriage certificate for applying surrogacy program in Ukraine. This certificate must be original along with a duplicate that contains stamp of Apostille. This is essential requirement for the notarization of the contract with the surrogate mother. A copy of the marriage certificate will not be accepted. Every document should be organized properly according to the country where the marriage is registered.
However, married couples who have applied for surrogacy needed to provide medical report or a declaration from a doctor for justification of requirement the surrogate mother. This essential document require for confirmation of the repeated failure of IVF with high quality embryo in the past. Following can be one of the reasons of surrogacy:
Congenital or acquired absence of womb.
- Deformed uterus that cannot support pregnancy and delivery
- Incurable synechiae uterus
- Somatic symptoms that avert a woman to carry pregnancy otherwise it causes life risk to the woman.
- Minimum four consecutive IVF attempts fail with high quality embryos.
The submitted medical report must be written on a clinic letter head, official stamp with doctor’s signature. This medical report is essential to confirm eligibility of one for a surrogacy program in Ukraine. If the written language of any documentation is not already in English, then applicant need to translate it by an official translation agency with the translator’s stamp.
Another important consideration is the age of the mother. If the prospective mother’s age is within 42 years, but requires egg donation service, then she needs to add additional medical report to support the requirement of egg donor. However, women with 51 years or younger can also apply for surrogacy program in Ukraine, but they are not falling under this category.
Surrogacy is the last hope for many couples across the globe to start their family. In current scenario, Ukraine legally allows surrogacy for foreigners and enjoy parenthood with quality medical services at a reasonable price.