FAQs Surrogacy Law in Ukraine

What is the law concerning egg donation in Ukraine?

Egg donation in Ukraine is regulated by the Article 48 of the Basic Law of Ukraine on Health Care and Article 123 of the Family Code of Ukraine. Most of the legal aspects concerning egg donation in Ukraine are also disclosed in the Instruction on the use of assisted reproductive technologies, approved by the Ministry of Health 23.12.2008 № 771.

Characteristics of the person who can become an egg donor are determined in these legal documents. It can be familiar people, relatives or friends of the infertile couple and anonymous voluntary donors. Basic requirements for donors are:

- age 20-32;

- have own healthy child;

- satisfactory somatic health;

- satisfactory psychological condition;

- absence of hereditary diseases;

- absence of harmful social habits;

- absence of contraindications to donation.

There is also a list of required documents for oocyte donation program fulfillment. This list includes:

- agreement with eggs donor about conscious, voluntary written consent to participate in the donation of oocytes program, stimulation of ovulation and ovarian puncture;

- document that provides written consent of donor’s husband to participate in such medical program.

Donors of eggs and sperm cannot undertake parental duties concerning child born with the help of their biological material. Egg donation process is anonymous and law guarantees complete confidentiality. Infertile couple can only receive general information about the donor. These are nationality, height, weight, eye and hair color, education, family and children, blood type and Rh factor. Donor undergoes a full medical examination and an interview with a psychologist at the clinic where the procedure will be performed.

How to resolve issues with surrogate mother if she violates an agreement or refuses to give genetic parents the child?

Surrogacy is rather delicate procedure and it requires detailed and balanced approach. First of all, deciding to use services of surrogate mother it is necessary examine in details all legal aspects of this issue, get to know all the rights and obligations of the parties (parents, surrogate mother, clinic). Before starting the program, legal experts should prepare necessary agreements and contracts which clearly spell out all conditions and rights of surrogate mother and genetic parents. It should be noted that according to the Ukrainian legislation, genetic (biological) parents are considered to be parents of child who was born by surrogate mother. Even if child has a genetic link only with woman or man (for example, parents who used sperm of husband and donor egg) couple automatically gets parental rights. Names of biological parents are written in child's birth certificate during registration. Surrogate mother has no parental rights and cannot keep the baby. If surrogate mother decides not to give the child such actions will be deemed as illegal and can be prosecuted criminal, administrative or civil liability.

Ukraine is one of the few countries where the use of most reproductive technologies, including surrogacy, fully legitimate. In this regard, Ukrainian lawmakers appeared to be more advanced than their European counterparts.

The Family Code of Ukraine (Article 123, paragraph 2) contains a provision that if another woman carries an embryo conceived by a married couple, just married couple is considered to be the parents of a child, including in surrogacy programs. Paragraph 3 of the same article provides for the use of donor oocytes by the spouses, and the embryo in such case is deemed to be the embryo of the spouses. Thus, the couple who gave consent for use of assisted reproductive technologies has the full parental rights and responsibilities in relation to children born as a result of the application of these technologies. The Order of the Ministry of Health of Ukraine № 771 dated 23.12.2008 contains more information about the regulation of the use of reproductive technologies.

What types of reproductive programs are legal in Ukraine?

Ukrainian legislation is the most liberal in Europe in the field of assisted reproductive technologies. But it does not mean absolute permissiveness. Assisted method is valid only if it is medically prescribed. According to the Regulations on the use of assisted reproductive technologies № 771 December 23, 2008 it is allowed the following types of assisted reproductive technologies in Ukraine: "in vitro" fertilization, sperm insemination, donor sperm insemination, intrauterine insemination, embryo transfer fertilization "in vitro "combined with surrogacy. In all cases, presence of a notarized consent for the procedure fulfillment is needed.