All types of surrogacy arrangements (gestational surrogacy, traditional surrogacy, surrogacy in combination with egg or sperm donation), and commercial surrogacy as well are considered to be completely legal o the territory of Ukraine. Moreover, Ukrainian surrogacy laws are of no doubt considered to be among the most favourable in the whole world, and they provide complete support to the reproductive rights of every person. Clause 123 of the Ukrainian Family Code and in the Order 24 of the Health of Ministry of Ukraine legally regulates all kinds of surrogacy arrangements. Every one has a possibility to choose between gestational surrogacy, egg or sperm donation, special embryo adoption programs and all kinds of combinations of the above-mentioned surrogacy types. There is no specific permission from any regulatory body required to do it.
What woman can become a surrogate mother according to the Ukrainian Surrogacy Law?
• The woman is to be 20 – 40 years old;
• The woman is to be mentally and physically healthy
• The woman is to have at least one child of her own.
It is not necessary that the perspective surrogate mother would be married. It is absolutely not necessary
for the woman, who is going to become a surrogate mother to have any kind of relations with the couple of the intended parents. Nevertheless, it is obligatory to have a written form of consent of all parties (the surrogate mother and the intended parents), which take part in the surrogacy arrangement.
In comparison to most of the countries of Europe, Ukrainian legislators have found the approach to the surrogacy arrangement, which is more logical from all points of view. Ukrainian law lets the intended parents to carry on the surrogacy program, and besides, their names will be written on the birth certificate of the baby, who was delivered in the result of the surrogacy journey. This child is considered to be legally “belonging” to the couple of the intended parents from the very conception moment. The surrogate mother has no right to keep the baby after his delivery. In addition, even in case of a traditional surrogacy arrangement, when the baby has no biological relation to any or both of the intended parents, their names are written on Birth Certificate.
Actually, the legal situation, concerning all kinds of surrogacy is very favourable in Ukraine. Embryo research is allowed, gamete and embryo donation are legal on the commercial level. Women, who are single, and who wish to have a baby of their own can make their wish come true with the help of the anonymous donor insemination program. In addition, gestational surrogacy is the way out for infertile couples and single women. However, no lesbian couples acknowledged by the Ukrainian law, so these people can act as being single women.
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