ADVANTAGE OF UKRAINIAN LEGISLATION
IN THE FIELD OF SURROGATE MOTHERHOOD
For all participants of our programs:
– Our specialist on international reproductive rights will help you in all matters and will give an exhaustive consultation.
We respect your wish, understand your worries. It is important to understand that we ensure complete anonymity.
Legislation of Ukraine considers surrogate motherhood as an official method of infertility treatment. Due to its loyalty, the process of providing a multi-level system for protecting the rights of genetic parents, including the factors of anonymity of the process, has been regulated. A surrogate mother and an egg donor do not know anything about you (from our lawyers you can get details about the legalization of agreements and contracts as well as the relevant legal relationships).
Please note that for European countries, with the standard scheme of legalization of the rights to the child after returning home, anonymity is not technically possible due to the peculiarities of your local legislation. This is because of the requirements of the consulate, as well as local state registration authorities, courts and other authorities. Our company provides alternative options for implementing programs with alternative types of legal support in accordance with the laws of Ukraine and the laws of your state, with full respect for anonymity.
Advantage of Ukrainian legislation in the field of surrogate motherhood:
• You (genetic parents) are fully protected from the risk that a surrogate mother will take the child, as in Ukraine such action of a surrogate mother is a criminal offense.
Only you are the parents of the child (according to article 123, paragraph 2 of the Family Code of Ukraine – “In the case of transferring into the body of another woman the human embryo conceived by a couple (man and woman) as a result of the use of assisted reproductive technologies, the child’s parents are this couple”.
• A multi-level system for protecting the obligations of a surrogate mother and the rights of genetic parents.
• When registering the Birth Certificate for your child only you will be indicated in the column “mother and father”.
• Foreign citizens in Ukraine enjoy same rights as citizens of Ukraine (Article 26 of the Constitution of Ukraine).
The Order No. 787 (Ministry of Health No.787 of 02.10.2013) says that surrogacy is a method of infertility treatment. It is officially presented in the orders of the Ministry of Health, in the Family Code.
You can use our services as our client within surrogacy programs.
– Our team of legal professionals will perform for you the following tasks:
– Registration of a newborn baby.
– Preparation of documents for submission to the embassy.
– Legal assistance in court in controversial issues during the program.
– Legal advice on international law in the field of marriage and family law.
– Representation of clients in governmental institutions and embassies.
– Also, we are ready to give a hand of legal help to patients from other clinics who have faced legal collisions in achieving their goal.
– You can learn more about each service from our coordinator.
– Ask our lawyers your question and you will learn how your problem can be solved!
Multi-level system for protecting the responsibilities of a surrogate mother and the rights of genetic parents
the Order of the Ministry of Health (cl.6.9. the Order of the Ministry of Health No. 787 of 02 October 2013 ” On Approval of the Procedure for the Use of Assisted Reproductive Technologies in Ukraine” )
– the Constitution of Ukraine that a foreigner has the same right as a Ukrainian citizen (Article 26 of the Constitution of Ukraine )
– a contract is made between the surrogate mother and the genetic parents, notary certification of the contract
– a contract is made between the clinic and the clients
– legislative regulation of commercial surrogacy (cl.6.11 the Order of the Ministry of Health No. 787 of 02 October 2013, пp.5. art.136 of the Family Code of Ukraine
– a loyal legislative basis for joining the surrogacy program
– optimized work with couples who are not married
You are completely protected from the risk that a surrogate mother will take her child, because this is a criminal offense.
• A surrogate mother has her own born child and she is not financially interested in taking one more. Since she agreed to participate in the program to receive payment, it is difficult for her to raise another child.
• – The Criminal Code of Ukraine provides for severe punishment (as for human trafficking) if a surrogate mother encroaches on the freedom or decision-making in the life of a child of genetic parents. Under the contract and the Law of Ukraine, genetic parents are the parents of the child born through surrogacy.
• – There is a notarized official contract for child-bearing. It includes all the services for regulating the process of transferring the rights to the child to genetic parents and interacting with the consulate (in case your state requires it).
When registering a birth certificate for your child in the column “mother and father”, only you will be indicated
According to Ukrainian legislation, on the basis of Article 123 of the Family Code, the genetic mother and the genetic father are called “the parents of the child”. It is them who are recorded in the document of the Birth Certificate of the child. Therefore it is the child’s genetic parents who are registered in the state registration bodies of Ukraine, this is enshrined in legislation. Registration of documents in your country is conducted with the help of the partner lawyer provided by us in your country in the scope and conditions of the Contract. We do not provide a full description of the procedure for issuing documents. This is a completely worked out legal procedure for the legalization of rights to the child. You can find out the details from our manager or lawyer, since the procedure for registering a passport for a child depends on the legislation of your state, your second citizenship, your individual life situation and the current positions of the consular department.