KEY REGULATIONS OF SURROGACY IN UKRAINE
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.
• 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.
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