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Anastasia Herman law office provides the full range of effective assistance within Surrogacy, Family and Fertility law focusing on achieving the best possible outcomes for clients and seeking the appropriate resolution in relation to important matters.
The treatment of infertility through IVF ( in vitro fertilization) and surrogate motherhood in Ukraine has been carried out since the late 80’s. There are countries where surrogate motherhood is completely prohibited (Austria, Germany, Norway), where it exists, but is not regulated by law (Belgium, Greece, Ireland), where it is permitted, but should be carried out on a voluntary and non-commercial basis (Canada, Australia, United Kingdom) and countries where the laws that regulate the process of surrogate motherhood are clearly prescribed, namely, in Ukraine.
On a question of surrogacy program in a nutshell:
- the surrogate mother is not genetically bound with the child she carries. The embryo obtained from the donor’s oocyte/sperm ( if needed) and one (or both) of the intended parent’s oocyte/sperm is placed into the uterine cavity of the surrogate mother. One of the main conditions of the surrogacy program is that one of the intended parents has to be genetically bound with the future child.
- surrogacy is considered to be one of the methods of treatment of infertility. In order to participate in the surrogacy program one should meet certain medical indications.
- surrogate mothers, like other pregnant women are provided with a maternity leave and social benefits.
- all surrogate mothers are protected by law.
Surrogacy in Ukraine is permitted by law and our country is one of the few countries in the world that gives a chance to many infertile couples. From the legal point of view, the benefits of embarking on a program of surrogate motherhood in Ukraine are, in particular, the following statements:
- The agreements on surrogacy and carrying of a child concluded on a commercial basis are permitted in Ukraine without any restrictions in the amount of the surrogate mother’s remuneration;
- No permission from a special body is required (as it is necessary in cases of adoption);
- There is almost no need for court procedures ;
- The next procedure for adoption of a newborn baby is not foreseen;
- The names of biological parents are indicated in the birth certificate right after the child conceived with the use of ART is born;
- According to the legislation, the surrogate mother does not acquire any paternal rights in relation to a child born as a result of the surrogacy program. The legal parents of a child born by the surrogate mother are solely considered to be the intended parents.
Surrogacy law is regulated by the following normative legal acts in Ukraine:
- The Family Code of Ukraine;
- Law of Ukraine “On State Registration of Civil Status Acts” No. 2339 / VІ dated July 1, 2010;
- “Rules of State Registration of Civil Status Acts” No. 52/5 of October 18, 2000;
- “Instruction on the procedure for the use of auxiliary reproductive technologies”, approved by the order of the Ministry of Health of Ukraine No. 787 (z1697-13) dated 09.09.2013;
- Law of Ukraine “On Citizenship of Ukraine” No. 2235-III of January 18, 2001;
- “Rules of entry for foreigners and stateless persons into Ukraine, their departure from Ukraine and transit through its territory”, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1074 dated 29.12.1995.
The Family Code of Ukraine, which entered into force on 01.01.2004, legalized surrogate motherhood, as a result of which Ukrainian legislation became one of the most favorable in the world for passing this type of programs. Its provisions state that:
Article 123. The origin of a child born as a result of the auxiliary reproductive technologies use.
- In case of the birth of a child by a spouse conceived as a result of the use of auxiliary reproductive technologies, carried out with the written consent of her husband, the latter is recorded to be the father of the child. (Note: the article also applies in cases of traditional surrogate motherhood)
- In the case of transferring a human embryo into the body of another woman conceived by spouses (male and female) as a result of the use of auxiliary reproductive technologies, the spouses are considered to be the parents of the child. (Note: the article is applicable in cases of gestational surrogate motherhood)
- The spouses are recognized to be parents of a child born by a wife after transferring into her body a human embryo conceived by her husband and another woman as a result of the application of auxiliary reproductive technologies.
- Thus, Part 2 of Art. 123 The Ukrainian Criminal Code clearly regulates the legal relationship of surrogate motherhood. In accordance with this norm, parental rights belong to the spouses who have given their consent to use of auxiliary reproductive technologies.
What is included in the cost of the program of surrogate motherhood in Ukraine:
- the surrogate mother’s fee.
- all the necessary tests and examinations that the surrogate mother undergoes before fertilization.
- all the necessary medical treatment.
- travel and accommodation for the surrogate mother.
- financial obligations of a couple to a surrogate mother in case of a failure.
- legal costs
Our professional duty it to provide you with the qualified assistance on every level of the surrogacy program: starting from the agreement drafting through the whole process up until the baby is born as well the registration of the birth, cooperating with the embassies and preparation of the necessary papers for parents to take their baby back to the home country.
We have extensive experience in legal assistance for citizens from all over the world and we are familiar with the surrogacy legislation of 31 countries. More than 187 couples were effectively guided and 212 children received professional assistance in their best interest.
Every year the law office of Anastasia Herman provides more than 600 consultations on different issues related to family law and surrogacy law in Ukraine worldwide.
Specialists of Anastasia Herman law office are happy to provide services of top quality, innovative solutions and effective guidance. We highly value our clients, who years after years entrust their legal issues to us, as their confidence is based on the fundamental principles we stayed true.