Legality of surrogacy in Ukraine

Little cute baby boy child in knitted sweater holding knitted toy smiling happily at camera

Legality of surrogacy in Ukraine

Surrogacy is legal and well regulated in Ukraine since 2002 and has its rules and well defined standards:

  • To have a legal right to access surrogacy you have to be legally married in your country, and that only counts for heterosexual couples. Unfortunately, our state does not provide surrogacy services to same sex couples, which is quite unreasonable as to our point of view.
  • But that is not the only requirement to be qualified for Surrogacy.  Apart from being legally married, the couple has to have a real medical problem that precludes the Intended Mother from getting pregnant or carrying to term. That can be any major health issue such as uterine loss, heart or kidney defects, psychological problems as well as previously failed IVFs (to be more specific, 4 of them). If you have a problem like that and have a medical certificate to confirm it, you will be qualified for the Surrogacy program in our country with no problems
  • Another interesting fact is that Surrogates do not have any legal rights to the babies they are carrying, so even if at some point she decides to claim them, she will not be able to get what she never had, cause our legal regulations give overall paternity rights to the Intended Parents from the moment the embryo is transferred to the uterus, so you will be very safe here
  • Also, the Surrogate can not have any genetic bond with the fetus, meaning she can not be a donor of her eggs for this baby (for any other baby no problem, but not for the one she is carrying for you, cause should she be genetically related to the fetus, she will automatically gain legal rights as to the minor she is carrying). So no, that sweet and gentle girl can only be a surrogate for you or a donor, but not both
  • The embryo that you transfer to the Surrogate Mother has to be genetically bonded to at least one of the Intended Parents. Basically, it means that if Intended Mother can not give her eggs to create the embryo, no worries, you can use donor eggs from a beautiful Ukrainian girl here, but it will be imperative for you to give your sperm sample to fertilize those eggs creating genetical bond with this child. In other words, you can not transfer to the Surrogate the embryo that does not contain any of your DNA, that would be illegal here
  • Last but not least: you have to sign a contact with the Surrogate before notary, although the contents of such contracts can vary cause there are no strict rules as to what to put in them. We normally advise to indicate all the sums that the girl will receive in case everything goes great, and also the sums that she will receive in case something goes wrong (abortions, C-section, amniocentesis, tube or uterus extraction, etc.). This way you and your SM will be completely aware of the risks and costs it might convey, so both of the parties will feel more protected

Well, these are the most important legal information that might be helpful to you, so hope it helps to better understand our system, but should you have any additional questions, we are always happy to give you more by mail, WhatsApp or just a phone call.

SafeSpace Surrogacy