KEY REG­U­LA­TIONS OF SUR­RO­GACY IN UKRAINE

Kyiv Post Legal Quarterly - - Contents -

Ukrainian leg­is­la­tion is one of the most pro­gres­sive in the world when it comes to reg­u­lat­ing sur­ro­gacy is­sues and is aimed at pro­tect­ing the rights of both the bi­o­log­i­cal par­ents and the baby born via sur­ro­gacy. In this ar­ti­cle we will high­light the key pro­vi­sions of the Ukrainian leg­is­la­tion reg­u­lat­ing sur­ro­gacy is­sues and will fo­cus on main ques­tions which peo­ple ask about sur­ro­gacy. Since 1991, as­sisted re­pro­duc­tive tech­nolo­gies have been used in Ukraine. As­sisted re­pro­duc­tive tech­nolo­gies in­clude meth­ods of in­fer­til­ity treat­ment in­volv­ing ma­nip­u­la­tions with re­pro­duc­tive cells, se­lected or all stages of the re­pro­duc­tive cells prepa­ra­tion, fer­til­iza­tion and devel­op­ment of em­bryos be­fore trans­fer­ring them into the uterus of the pa­tient in vitro. One of such as­sisted re­pro­duc­tive tech­nolo­gies is sur­ro­gacy. First of all, sur­ro­gacy can only be prac­ticed by med­i­cal in­sti­tu­tions duly li­censed and equipped with the ap­pro­pri­ate fa­cil­i­ties. The spouses who would like to use sur­ro­gacy pro­ce­dure in Ukraine should have med­i­cal in­di­ca­tions pro­vided by law and nec­es­sary for par­tic­i­pa­tion in this pro­ce­dure. Only in case of com­pli­ance with re­quire­ments on med­i­cal in­di­ca­tions for us­ing sur­ro­gacy the spouses can ap­ply for sur­ro­gacy treat­ment.

THE MED­I­CAL IN­DI­CA­TIONS FOR AP­PLY­ING TO SUR­RO­GACY TREAT­MENT ARE:

ab­sence of uterus (con­gen­i­tal or ac­quired); de­for­ma­tion of cav­ity or neck of uterus be­cause of con­gen­i­tal mal­for­ma­tions or sur­gi­cal in­ter­ven­tions, be­nign tu­mors which pre­vent the preg­nancy; struc­tural-mor­pho­log­i­cal or anatom­i­cal changes of the en­dometrium, which re­sults in the loss re­cep­tion­ist, sine­hii the uterus is not cur­able; se­vere so­matic dis­ease, in which the preg­nancy threat­ens the fu­ture health or life of the re­cip­i­ent, but which do not af­fect the health of the un­born child; re­peated un­suc­cess­ful IVF at­tempts (4and more times) with re­sulted in re­peat­edly ob­tain­ing high- qual­ity em­bryos, how­ever the trans­fer of em­bryos has not led to preg­nancy.

Be­sides­the­men­tioned­abovemed­i­calindi­ca­tion­s­the­fol­low­ing­con­di­tions mustbe­met­forus­ing­sur­ro­gacy:

• doc­u­ments re­quired for us­ing the sur­ro­gacy treat­ment as de­fined by the Ukrai

nian leg­is­la­tion; • two in­tended par­ents (oro­ne­ofthein­tend­ed­par­ents) in the in­ter­ests of which the sur­ro­gacy is used, must have a ge­netic link with the child; a sur­ro­gate mother must not have a di­rect ge­netic link with the child.

Thein­tend­ed­par­entsshould­provide­the­fol­low­ing­doc­u­mentstous­es­ur­ro­ga­cytreat­ment:

state­ment of pa­tient/pa­tients on will­ing to use sur­ro­gacy treat­ment; copies of na­tional pass­ports; copy of the mar­riage cer­tifi­cate; no­ta­rized copy of the joint writ­ten agree­ment be­tween the sur­ro­gate mother and the in­tended par­ents. In ac­cor­dance with the Ukrainian leg­is­la­tion a hu­man em­bryo con­ceived by the spouses (man and woman) as a re­sult of ap­pli­ca­tion of as­sisted re­pro­duc­tive tech­nolo­gies and trans­ferred into the body of a sur­ro­gate mother, is con­sid­ered the child of the cou­ple which con­ceived the em­bryo. The state reg­is­tra­tion of the child born by a sur­ro­gate mother is made upon the re­quest the child’s bi­o­log­i­cal par­ents. Forstatereg­is­tra­tionofthechild­born­bya­sur­ro­gate­moth­erthe­bi­o­log­i­cal par­entsshould­sub­mit­tothes­tateau­thor­i­ti­es­the­fol­low­ing­doc­u­ments: the doc­u­ment which con­firms the fact of the child­birth by the sur­ro­gate mother; sur­ro­gate mother’s con­sent to record the bi­o­log­i­cal par­ents as the par­ents of the child. The au­then­tic­ity of the sur­ro­gate mother’s sig­na­ture on such con­sent shall be duly no­ta­rized. the state­ment of ge­netic re­la­tion­ship of the bi­o­log­i­cal par­ents (moth­eror­fa­ther) with the child in form de­ter­mined by the Ukrainian law. To pro­tect the in­ter­ests and rights of the in­tended par­ents who are go­ing to use sur­ro­gacy treat­ment in Ukraine it is highly rec­om­mended to ad­vise with lo­cal at­tor­neys, who spe­cial­ize on sur­ro­gacy is­sues, with re­spect to all le­gal doc­u­ments, agree­ments and any other cer­tifi­cates, state­ments, etc. nec­es­sary dur­ing sur­ro­gacy treat­ment.

Yu­lia Stusenko At­tor­ney, As­so­ciate part­ner of Sk­liarenko, Sy­dorenko and part­ners, At­tor­neys at Law

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