Surrogacy Legislation in Ukraine
Ukraine legislation permits surrogacy for domestic and international couples. It is a well regulated practice and the surrogacy contracts are enforceable under the Federal legislation. The legal framework for surrogacy in Ukraine is more comprehensive than other European countries. Many European countries either do not permit surrogacy at all or only as an altruistic service.
According to the Family Code of Ukraine 123.2, if a married couple creates an embryo with ART (Assisted Reproductive Treatments) and the baby is born through implantation of that embryo into another woman’s womb, the couple is recognized as the parents of the newborn.
Ukrainian surrogacy legislation only permits gestational surrogacy. It does not give any parental right to the surrogate. In fact, it gives upholds the importance of the contract signed between the surrogate and intending parents.
The parental rights are awarded to the intended couple from the moment of conception. There is no such court procedure involved where there is a need to transfer the parental right from the surrogate to the intending couple.
The birth certificate bears the names of the intended couple not that of the woman (surrogate) carrying the fetus for a full term pregnancy. This is applicable even if sperm and egg donors are used. The couple should be married. Under the Ukraine law, same-sex marriage is not allowed.