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Surrogacy has become increasingly popular in recent years as a means of having a biological child. Surrogacy is the only choice for many infertile married couples, and it has many aspects that should be considered. Surrogacy law, as we’ll see, can be a complicated issue that necessitates a nuanced understanding, and it’s critical to understand what you’re getting into when you enter into this arrangement in Ukraine.
On the surface, the Ukrainian surrogacy law appears to be fairly straightforward. Only gestational surrogacy is permitted by the surrogacy law, and it has its own set of requirements. The regulations in Ukraine are defined by the Order of the Ministry of Health of Ukraine No. 787 “On Approval of the Procedure of Assisted Reproductive Technologies Application,” which was adopted on September 9, 2013. The term “intended parents” refers to biological parents who have legal custody of a child under the age of 18, as well as to a legally married couple who have given a surrogate written informed consent to carry a child in her womb for them.
First, you need to know what surrogacy is. To be able to understand it, it’s important to understand that it is technically two separate methods, although they are closely related. The first, and most common, means of achieving a pregnancy involves an intended mother having her egg collected and used to create her couple embryo. This embryo is then transferred into the uterus of a woman who has been surrogated, usually through a process called IVF. Once the pregnancy is achieved, the surrogate continues giving the necessary nutrients and health care that the embryo would need if it were developing in the uterus of a woman who was not a surrogate. The second means of achieving a pregnancy involves an egg donor instead of the intended mother. Another woman then acts as the surrogate. In both methods the surrogate is not the biological mother of the child.
Surrogacy can be considered by any officially married infertile couple based on medical indications defined by Ukrainian regulations. Surrogates are usually chosen based on factors such as age, health, or relationship status in cases where neither spouse is biologically related to the surrogate. This is the case, for example, if an infertile couple decides to use a surrogate when they are in their mid-forties, as this is generally regarded as the “upper limit” of when one may have a child, unless there are medical indications to the contrary. After a couple has legally registered their child (or even earlier), they may wish to proceed with having more children via surrogacy.
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The people that can be surrogates are women who already have their own kids and want to carry a child for another person. Women can also be surrogates if the pregnancy is not considered a health risk, and the surrogate does not intend to become pregnant again naturally in the near future. In Ukraine, it is legal to have a child via surrogacy, although it is largely the only method for an officially married couple. A surrogate mother can not be both the legal mother and the biological mother of a child in Ukraine.
Under Ukraine’s surrogacy law, gestational surrogacy is legal. All aspects of surrogacy law are governed by (a) Article 123 of “The Family Code of Ukraine”, (b) Article 48 of the Law of Ukraine “Basis of legislation of Ukraine about health care”, (c) the Decree of the Ministry of Justice of Ukraine No. 140/5 dated November 18, 2003 “About amendments and additions to the Rules of civil registration in Ukraine”, (d) the Civil Code of Ukraine, and (e) the Order of the Ministry of Health of Ukraine No. 787 “On Approval of the Procedure of Assisted Reproductive Technologies Application,” which was issued on September 9, 2013, as well as by subordinate legislation.
While many people look at gestational surrogacy as an altruistic endeavor, that’s not necessarily the case. There are many medical, ethical and legal issues that need to be considered together, and many people are able to come to terms with the decision and come to terms with the fact that the children they produce are not fully their biological children. Surrogacy within the Ukrainian surrogacy law is a great option if you are having fertility problems or simply want to change your reproductive plan. In the end, you’ll have a child who is biologically your own!
Surrogacy Ukraine, an international egg donation and surrogacy agency, offers fertility treatments using assisted reproduction technologies in Kyiv, Ukraine.
