Surrogacy in Ukraine
The Legal Status in Ukraine
In Ukraine, surrogacy is allowed by the law, only for married heterosexuals couples.
Ukraine is one of several countries where Surrogacy is legal. 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.
Article 123 sections 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 Order 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 mother and what clinics can do IVF and surrogacy procedure 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 clinic has many years' experience of treatment leading to the birth of children long waited by their future parents.
Leading experts of the clinic have wide experience in the field of reproductive technologies and are as “pioneers” in Ukraine for this type of treatment.
The clinic has license to work in fertility, egg donation and surrogacy and works according to the local laws and regulations.
Lotus 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 performing surrogacy in Ukraine?
- A relatively short waiting time for matching a surrogate to the intended parent’s requirements (about one month).
- Affordable price of the program.
- Great IVF labs with high success rate.
Who can engage surrogacy in Ukraine?
A married Man and women, based on Medical indications including:
- Absence of uterus
- Deformation of cavity or neck of uterus because of congenital developmental defects or because of surgical treatments, benign tumors that enable carrying a pregnancy;
- Structural-morphological or anatomic changes of endometrium, which lead to loss of receptivity.
- Serious somatic diseases - when carrying of a pregnancy threatens the health or life of the recipient, but do not influence the health of a future child;
- Repeated unsuccessful IVF attempts (four and more) with repeated obtainment of high quality embryos, 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?
Although frozen embryos can be shipped to Ukraine, according to the local law of Ukraine, you must travel abroad to sign all contracts, before the embryo transfer. For the delivery, one of the intended parents must be present.
Can we be in contact with the surrogates abroad during pregnancy?
The intensity of the relationship depends on the intended parents. Some intended parents prefer not to “bond” with the surrogate, thus they do not want any contact with her. On the other hand, there are those who wish to experience the pregnancy with the surrogate, and choose to be more involved.
Does the surrogates in Ukraine speak English?
Most surrogates do not speak English; some speak Basic English. Lotus will help with conference calls and translation services with the surrogate.
Where does the surrogate live during the pregnancy?
When surrogacy takes place in Ukraine, the surrogate lives in her home. If agreed in advanced with the surrogate, the intended parents can rent an apartment for her near the clinic, where she will live with her family, during the pregnancy.
Who makes sure that the surrogate takes good care of the pregnancy?
Lotus staff will supervise the surrogate during the pregnancy and ensure that she takes good care of the pregnancy and follows the orders of the attending physician.
Who makes sure that the surrogate makes her follow-up appointments?
Lotus will report parents every time that the surrogate visits the clinic and maintains daily contacts with her.
Who can become a surrogate mother?
- A healthy woman, age 18-35;
- have a healthy child or children;
- absence of medical contraindications;
- possess moral and psychological stability, responsibility and a great desire to assist a childless family;
- absence of any criminal background;
- If a surrogate is married, her husband must give a written notarized consent for his wife’s participation in the surrogacy program.
- The surrogate mother will not be genetically related to the child.
Who takes care of the baby’s arrival back to our homeland, after delivery?
Lotus lawyers specializing in family and immigration law. Lotus lawyers will take care of obtaining the documents required in order to take the baby back home with parents, including a birth certificate with parents name with an official stamps (Apostille) required by most national authorities.
How can we ensure that the surrogate hands over the baby after delivery?
The surrogate has no parental rights over the baby, at any stage throughout the process! In Ukraine, the law is unequivocal, stating that the prenatal rights over the baby are held by the intended parents.
The surrogate takes part in the process mainly for monetary compensation. The surrogate mother receives final payment only after the baby is registered at your embassy abroad, and a travel document is issued in baby name.
How long does it take from the delivery till the baby arrives home with us?
It usually takes 2-6 (depends on parents nationality and their embassy requirements for the baby passport) from the time baby if discharge from the hospital till the time parents can leave Ukraine.
What is the payment schedule for the surrogate?
The surrogates receives the compensation for the process after delivery, handing the baby over to the intended parents and registering him/her at your embassy abroad. During the pregnancy, the intended parents pay the surrogate a monthly “allowance”, apart from her final compensation.
How fast can we get updates regarding events that take’s place abroad?
Lotus will update you in “real time” 24/7.
How often would we receive updates regarding our program and surrogate?
It depends on the months of pregnancy. Lotus maintain daily ties with the clinic and we will update you with any developments in real time.
Does the surrogate agree, by contract, to any medical proceeding that may be necessary to delivering a healthy baby?
Yes. This will be part of surrogate 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.
Many times, parents forget that it is a legal proceeding and they only invest thought in the medical aspect, while disregarding the legal part. The intended parents must insist on the following contracts as part of the process: a contract between the parents and the surrogate, a contract between the fertility center and the parents, a contract between the agency providing the surrogates and 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 the contracts set forth above.
What is the Exit Processes out of Ukraine after the birth?
The IP’s apply to their nearest embassy to obtain citizenship and subsequently a passport for the baby.
At the airport, officials will check that the newborn(s) (now has parent’s citizenship) have:
- Valid passport;
- No prohibitions on leaving the country;
- No violation of terms of stay in Ukraine.
If the baby meet 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 program
- Organization of birth
- Helps with translations
- Supervise the surrogate
- Legal services
- Only with agency, you can see donor photos (IVF clinics will not show these)
- all coordination’ /logistic issues with clinic: appointments for and contact with surrogate
- Help with paperwork after birth.
- Help with accommodation in Kiev