Legislation

Legislation

Ukraine is the country among the few others where the most of reproductive technologies are completely legal. Surrogate motherhood, egg donation can be found in legislation branch, and completely legal in the country.

 

Laws of Ukraine are much more progressive as for this question rather than in most countries of Europe.

 

And so, the Family Code of Ukraine regulates the definition of the origin of the child born as a result of use of adjuvant reproductive technologies. Part two of this article specifies that "in the case of the transfer to the body of another woman of the human embryo conceived by spouses (male and female) as a result of the use of adjuvant reproductive technologies, the parents of the child are the spouses."

 

 

Also, in the Order of the Ministry of Justice of Ukraine, the procedure for registering a child is determined: "In case of the child’s birth by a woman with the human embryo transferred, conceived by spouses as a result of the use of adjuvant reproductive technologies, state registration of the birth is carried out at the request of the spouses who agreed to such transfer." In this case, simultaneously together with the document confirming the fact of the child’s birth by the surrogate woman, a statement about her consent to the registration of the spouses as the only child’s parents is made, whereas the authenticity of the signature must be notarized, as well as the certificate on the genetic relationship of the parents (mother or father) with their fetus."

 

 

 

Implementation of A.R.T. programs is carried out exclusively in accredited health care facilities.

 

Also, according to the Paragraph 1.8 of the Order No.787 it is specified that A.R.T. is applied for medical reasons on the basis of written consent by patients and using the patient(s)’s Application for ART (there is a form approved by the Ministry of Health of Ukraine).

 

 

 

Donation of gametes or embryos is a procedure in which donors by written, voluntary consent, provide their gametes (sperm, oocytes), or embryos for use by others as the infertility treatment.

 

 

Embryo’s implantation is carried out according to the medical indications of the adult woman with whom this action is carried out, according to the written consent of the patients, ensuring the donor's anonymity and preserving patient confidentiality.

 

In Ukraine, a surrogate mother may be an adult capable of functioning woman with the condition that she has her own healthy child, her written, voluntary consent, and also in the absence of medical contraindications.

 

If the parents of the child born by a surrogate mother are foreign citizens, they must inform their address of temporary residence until the documents are issued and they leave the country for the implementation of patronage and surveillance by pediatrics specialists.

 

 

Currently, the registration of a child born with the help of A.R.T. by the surrogate motherhood method is carried out in accordance with the procedure established by the current legislation of Ukraine if the certificate of the genetic relationship of parents (mother or father) with the fetus (child) is available.

 

No matter how high the level of customers’ service and quality of medical care in Ukraine, during organizing such trips, sometimes additional legal issues might happen. To resolve and legalize all the necessary paperwork, possible conflict resolution, representation of interests, etc. we may engage lawyers of relevant specialization and qualifications.

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