Legal issues

Legal issues (for Ukrainian legislation)

* What is the difference between traditional and gestational surrogacy?

In traditional surrogacy the surrogate mother is genetically related to the child, as she is an initial egg donor and, accordingly, the biological mother of the child.

In gestational surrogacy the surrogate mother hasn’t genetic connection to the child she carries. The child in this case is a biological child of future parents (or one of them and, accordingly, with donated eggs or sperm) and are implanted into the uterus of the surrogate through IVF, or in-vitro fertilization.

* After years of infertility treatment at home my wife and I decided to undergo IVF with a surrogate mother abroad, perhaps in Ukraine. We already know that in Ukraine it is legal, but whether the laws apply to foreign citizens?

Implementation of programs of surrogate motherhood in Ukraine is absolutely legitimate. The procedure and conditions of these programs are governed by a variety of regulations, such as the Family and Civil Code of Ukraine, the Law of Ukraine "Fundamentals of the Ukrainian legislation on health care," special order of the Ministry of Health in Ukraine from December 23, 2008 № 771, as well as a number of other regulation acts. These regulations do not prohibit the participation in surrogacy programs in Ukraine for the citizens of other countries. So you are free to obtain the right to parenthood in Ukraine.

* Who will be considered as parents of the child after the childbirth that is a part of the surrogacy program?

The parents of a child that was born by a surrogate mother are the genetic (biological) parents that are involved in the surrogacy program as potential parents. Moreover, even if a child has a genetic link only with the one of the spouses (for example, with his father, who gave sperm while egg was donated), the other spouse automatically gets the same parental rights. The names of the biological parents are entered in the child's birth certificate when registering at Registry Office. A surrogate mother has no parental rights, and cannot keep the child.

* What if the surrogate mother decides not to give the child to his biological parents? Is it possible to somehow influence her?

According to Ukrainian law, the surrogate mother of a child does not have any rights. If she decides not to give the child to the future parents, then her actions will be considered as illegal and may be subject to criminal, administrative and / or civil charges. Under the contract, which necessarily must be signed by the prospective parents and the surrogate mother before the start of the program, she may lose the right to get compensation and will be required to pay a penalty.

* How will the registration of the child after childbirth by a surrogate mother be conducted?

After the birth of a child there is a standard procedure of registration of civil status of a child is conducted. Surrogate mother signs a special notarized application form. She agrees on the recording the future parents as biological parents of a child. With this and other necessary documents, the lawyer of the agency will be able to quickly obtain a birth certificate, which the clients will be assigned as biological parents of a child. This legal procedure should not bother you.

* I am a citizen of Italy, but I live in Switzerland. Do I need a visa to enter the territory of Ukraine for participation in the surrogate motherhood program?

For several years, citizens of the European Union, the USA, Canada, Japan and Switzerland, as well as the CIS countries can enter Ukraine without a visa for a period not exceeding 90 days during the year. So you most likely don’t need a visa.

* Would the name of a surrogate mother be inscribed in the birth certificate of our child? If so, how quickly such a certificate can be replaced?

You do not need to change anything. In Ukraine, in the child's birth certificate immediately inscribed only with its biological (potential) parents.

* My husband and I are Swedish citizens. We are going to complete the program of surrogate motherhood in Ukraine. After giving birth, we are challenged by the procedure of its legalization in the homeland. How much time is necessary for the process of obtaining a birth certificate in Ukraine and whether you help to return us back home?

The procedure for registration of a birth certificate of a child takes 2-3 weeks. Our agency can help you with registration of parental rights in Sweden through an affiliate company.

* How long does it take to get an exit visa for the child after a surrogacy program?

It depends on the embassy of the country in that you will be dealing with. To get an exit visa for the child in embassies of Sweden and Denmark usually takes about 3 weeks.