In the field of assisted reproductive technologies, the legislation of Ukraine provides for one of such types as surrogacy. Legally, these legal relations arise by concluding a written notarized surrogacy agreement. The parties to a surrogacy agreement may be a woman (who, according to the legislation of Ukraine, can become a surrogate mother) and spouses (genetic parents), who are capable, married, who are married and, according to a medical opinion, one of the spouses is prescribed the use of such assisted reproductive technology as surrogacy.
According to the Order of the Ministry of Health of Ukraine "On Approval of the Procedure for the Use of Assisted Reproductive Technologies in Ukraine", a surrogate mother can be an adult capable woman who has her own healthy child, who voluntarily and knowingly gives her written consent to be a surrogate mother, has undergone a medical examination and has positive medical indications to be a surrogate mother. If the surrogate mother is married, a written notarized consent of the husband is required.
Agreement on surrogacy
Agreement on surrogacy is concluded BEFORE the embryo is transferred into the body of the surrogate mother. The contract comes into force from the moment of signing and implantation of the genetic material of the spouses into the body of the surrogate mother, and ceases to be valid from the moment of occurrence of specific events (transfer of the child born by the surrogate mother to the genetic parents and payment of the remuneration stipulated in the contract).
Documents required to conclude a surrogacy agreement:
From the surrogate mother:
- Passport, identification code;
- Birth certificate of the child(ren);
- Medical report;
- A notarized statement of consent and voluntary expression of will to become a surrogate mother;
- A notarized statement from the Surrogate Mother about her consent to register the child with the Genetic Parents, which is submitted during the registration of the child with the civil registry office;
- Copy of marriage certificate or documents confirming the dissolution of marriage (except for single mothers);
- Written, notarized agreement (statement) from the surrogate mother's husband.
From genetic parents:
- Passports, identification codes;
- Marriage registration certificate;
- A medical report according to which one of the spouses is prescribed the use of such assisted reproductive technology as surrogacy;
- A notarized statement of consent and voluntary expression of will from each parent regarding the application for participation in the surrogacy program.