Surrogacy in Ukraine
The Legal Status in Ukraine
In Ukraine, surrogacy is legal for heterosexual married couples.
Legal regulation of surrogacy relations is determined by the Family Code of Ukraine, since 22 November 2007 Order 1154/5 of the Ministry of Justice of Ukraine Changes in Essential Records Register Rules in Ukraine and 23 December 2008 Order 771 of the Ministry of Health of Ukraine The approval of directives for procedure in ART use.
The law in Ukraine specifically states that the baby belongs to the Intended Parents and the surrogate mother has no prenatal rights. The Birth Certificate will be issued in the name of the child’s parents, even if donor material has been used during conception.
Article 123, section 2 of the family code of Ukraine states that the embryos which were made by IVF by the intended parents and were returned to the womb of another woman the intended parents are his parents.
At least one of the parents must be genetically linked to the baby.
Article 10 of Section 3 of order 1154/5 of the Ministry of Justice of Ukraine determines the procedure of registering the Intended Parents and registering the baby as theirs.
Order No 771 of Ukrainian Ministry of Health determines who can serve as a surrogate and what clinics can undertake IVF and surrogacy procedures in Ukraine.
Our Legal Department in Ukraine
Lotus Agency, understands best legal advisers must manage surrogacy abroad.
We, at Lotus, have the best legal advisers in Ukraine, in order to closely monitor the surrogacy process and provide the intended parents with true and reliable reports, medically and legally.
Lotus closely monitor all program. Lotus office in Ukraine employs legal advisor, who draw the legal contracts between intended parents, and surrogate mother.
Lotus lawyers specializes in Family Laws, are well familiar with surrogacy laws in Ukraine and handled many cases of surrogacy of foreign clients in Ukraine
Experienced local attorneys help to alleviate the concerns accompanying surrogacy processes abroad and the natural tension existing after the baby is born.
Professional and experience handling of relevant paperwork, after the birth of your baby, will shorten the time from birth until the time you return back home with your new born.
The Surrogacy Clinic in Ukraine
Lotus is working in Ukraine since 2009.
We are working with the best IVF clinics in Ukraine.
Lotus partner clinic has many years' experience of treatment leading to the birth of children long waited for by their future parents.
Leading experts of our partner clinic have wide experience in the field of reproductive technologies and are as “pioneers” in Ukraine for this type of treatment.
Lotus partner clinic has license to work in fertility, egg donation and surrogacy and works according to the local laws and regulations.
Lotus partner IVF clinic has European standards. It has the most modern equipment, the most advanced IVF procedures, specializes in egg donations and surrogacy.
Ukraine is one of the only countries in the world that law allows surrogacy and egg donation to foreigner as well.
Questions & Answers
What are the advantages of undertaking surrogacy in Ukraine?
- A relatively short waiting time (if any) for matching a surrogate to the Intended Parents, depending on requirements
- Affordable costs
- Quality IVF labs can clinics with high success rates
Who can engage in surrogacy in Ukraine?
Heterosexual married couples based on medical indications including:
- Absence of a uterus
- Deformation of the cavity or neck of the uterus due to congenital developmental defects or surgical treatments, and benign tumors that would result in an unsuccessful pregnancy;
- Structural-morphological or anatomic changes of endometrium, which has lead to loss of receptivity.
- Serious somatic diseases - where carrying of a pregnancy threatens the health or life of the recipient, but does not influence the health of the future child;
- Repeated, unsuccessful IVF attempts (four or more) with repeated obtainment of high quality embryos, the transfer of which did not lead to a pregnancy.
As intended parents, are we obligated to travel abroad to begin the process or can it begin in our absence?
No, if you send power of attorney notarized with Apostille, Lotus can sign all contracts on your behalf and you can come only for the birth of your baby and send semen/embryos to start the program.
Can we be in contact with our surrogate during the pregnancy?
This depends on the relationship between the Intended Parents and their surrogate and all of their expectations regarding contact. Some Intended Parents prefer less contact with their surrogate and some prefer to be more involved. It is important that these expectations are discussed with Lotus prior to matching with a surrogate to ensure a successful arrangement.
Do the surrogates in Ukraine speak English?
Most surrogates do not speak English; some speak Basic English. Lotus Surrogacy will assist with conference calls and translation services with your surrogate.
Where does the surrogate live during the pregnancy?
Your surrogate will live at home and will continue to live there if she is located close to the birthing hospital. If your surrogate is from a regional area, she will move closer to the birthing hospital shortly before the third trimester (or earlier if medically indicated). The Intended Parents will rent an apartment for her, where she will live with her family, for the remainder of the pregnancy.
Who makes sure that the surrogate takes good care of your baby during pregnancy?
Lotus Surrogacy staff will supervise your surrogate during the pregnancy and ensure that she and follows the orders of her attending physician.
Who makes sure that the surrogate attends her follow-up appointments?
Lotus Surrogacy will send a report to Intended Parents each time your surrogate visits the clinic for a medical appointment. We will also maintain daily contact with her.
Who can become a surrogate?
- A healthy woman, ages 18-35
- Who has had a healthy child or children of her own;
- Has an absence of medical contraindications;
- Possesses moral and psychological stability, responsibility and a great desire to assist a childless family;
- Has an absence of any criminal background;
- Has written consent to carry from her husband if she is married;
- Has agreed to carry as a gestational surrogate only and not be genetically related to the child.
Who takes care of the baby’s arrival back to our home country after delivery?
Lotus lawyers specializing in family and immigration law will take care of obtaining the documentation required to bring the child back home with his/her parents. Documentation includes the Birth Certificate with parents name with an official stamp (Apostille) required by most national authorities.
How do we ensure that the surrogate hands over the baby after birth?
The surrogate has no parental rights over your child at any stage throughout the process! In Ukraine, the law is unequivocal, stating that the prenatal and postnatal rights for the baby are held by the Intended Parents.
Monetary compensation is the main reason that surrogates choose to carry children for others. Your surrogate receives final payment only after the baby is registered at your embassy and a travel document is issued in your baby’s name.
How long does it take from the birth until the baby can travel home with us?
It usually takes 2-9 weeks, depending on the parents’ nationality and Embassy requirements/time frames for the issue of passports.
What is the payment schedule for our surrogate?
The surrogate receives compensation for carrying your child after birth and signing documentation to register the child with the Embassy. During the pregnancy, Intended Parents pay their surrogate a monthly allowance. In addition, agency and clinic/IVF fees are payable. Contact us for more information about these costs.
How fast can we get updates regarding events that take place abroad?
Lotus will endeavour to update Intended Parents as soon as information comes to hand. There may be slight delays if information needs to be translated.
How often will we receive updates regarding our program and surrogate?
It depends on the gestation of your surrogate and appointment/scan times. Lotus Surrogacy maintains daily contact with the clinic and we will update you with any developments as soon as is possible.
Will our surrogate agree to any medical procedures that may be necessary to deliver a healthy baby?
Yes. This forms part of the surrogates consent in her contract.
How many contracts are there in the procedure itself?
The surrogacy process is both legal and medical. It is important to remember that it involves parental rights, that must be defined in contracts.
The intended parents must insist on the following contracts as part of the process:
A notarized contract between the Intended Parents and the surrogate
A contract between the fertility center and the Intended Parents
A contract between the agency providing the surrogates to the Intended Parents.
Do we get copies of the contracts before signing them?
Of course. Before signing a service agreement with Lotus, the intended parents will receive copies of all contracts outlined above.
What is the Exit Process out of Ukraine after the birth?
The Intended Parents will need to apply to their nearest embassy to obtain citizenship and subsequently a passport for their child. Lotus Surrogacy will assist with all requirements needed to undertake this process.
At the airport, officials will check that the newborn has:
- Valid passport;
- No prohibitions on leaving the country;
- No violation of terms of stay in Ukraine.
If the baby meets these requirements, he/she can leave Ukraine. No exit visa is needed.
What services does Lotus provide?
- Finding a surrogate
- Finding an egg donor
- Organizing the surrogate program in Ukraine
- Organization of the birth of your child
- Translation of information and documentation to English
- Supervision of your surrogate
- Legal services
- Photographs of donors (IVF clinics will not show you these)
- Coordination of logistics with our clinic, including appointments for and contact with your surrogate
- Assistance with paperwork after birth for the Birth Certificate and exit process
- Assistance to find accommodation in Kiev