Legal aspects of surrogate motherhood are regulated by the law of Ukraine (Paragraph 2, Article 123 of the Family Code of Ukraine).
Article 281: Either a woman or a man of a full legal age has the right to use assisted reproductive technologies based on medical advice and according to the conditions and in the order determined by the legislation.
Article 123 of the Family code of Ukraine indicates:
- In the case when a wife gives birth to a child conceived as a result of assisted reproductive technologies, and act carried out with the written consent of her husband, the latter is recorded as the father of the child;
- In the case of transferring the human embryo conceived by spouses as a result of assisted reproductive technologies to the uterus of another woman the biological parents of the child are to be registered as legal parents of the child born;
- Spouses are acknowledged as legal parents of the child born by a wife as a result of transferring the human embryo conceived by her husband and another woman with the help of assisted reproductive technologies.
Article 48 of the Law of Ukraine “Basics of healthcare legislation of Ukraine” indicates that the procedure of IVF (in vitro fertilization) and embryo transfer are performed according to conditions and in the order determined by the Ministry of Health of Ukraine and in accordance with the medical conclusion of the health and to a woman of the full legal age based on the written consent of spouses, anonymity of an egg donor and medical secrecy.
Registration of the baby is regulated by the № 52/5 dated October 18th, 2000 issued by the Ministry of Justice of Ukraine and titled “About changes and amendments to the Regulations of registering of civil acts in Ukraine”:
Paragraph 2.2. In case when a woman to whom was transferred a human embryo conceived by spouses delivers a child, the registration of the child is carried out based on the written application of both spouses indicating their consent for the embryos transfer. In this case a written consent of the woman who delivered the child is submitted alongside the medical document certifying that this particular woman gave birth to this child, to allow spouses be registered as legal parents of the child, notarized.
Order № 787 dated September 09th, 2013 issued by the Ministry of Health of Ukraine and titled “About approval of the order to apply assisted reproductive technologies” regulates the order of usage of reproductive techniques:
- Programs with usage of assisted reproductive technologies shall be carried out only in respective accredited healthcare establishments;
- Patients have the right to choose freely medical establishments to carry out programs with usage of assisted reproductive technologies;
- Assisted reproductive technologies can be used based on medical advice and the written consent and application of patient/patients according to the applications forms approved by the Ministry of Health of Ukraine;
- Medical procedures with usage of assisted reproductive technologies are carried out on the condition of confidentiality based on the Article 40 of the Law of Ukraine “Basics of healthcare legislation of Ukraine”;
- A woman or/and a man of the full legal age are entitled to use assisted reproductive technologies based on the respective medical advice in accordance with the Article 281 of the Civil Code of Ukraine.
Medical procedures with usage of assisted reproductive technologies are carried out on the condition of confidentiality.
Donation of gametes or embryos is the procedure when donors of gametes donate their gametes (oocytes, sperm) or embryos to be used by other persons in the course of their infertility treatment. Embryo transfer is carried out based on medical prescriptions to the woman of full legal age on the condition of availability of a written consent of patients, anonymity of donors and medical secrecy.
Donors of gametes cannot have parental rights over the future child born.
Programs of surrogacy and egg donation are completely legal in Ukraine. The first surrogacy program was held in 1994.