Surrogacy in Ukraine for foreigners: legal aspects of the issue

Surrogacy is a rapidly developing field of medical services in Ukraine. For several reasons:

• The legal background in Ukraine is extremely favorable for such services and supports the surrogacy procedure;
• During the procedure there is no need to go to courts or state bodies to obtain additional permits;
• Ukraine does not have an adoption procedure for children after surrogacy;
• All medical support required in the process of surrogacy in Ukraine, as well as accommodation and daily expenses are much cheaper than in European countries or in America.

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Legal aspects of the surrogacy procedure

1. Choosing a surrogate mother.

The choice of a surrogate mother shouldn't be left to chance. Even if you are offered a candidacy in the clinic or you have found a person via the Internet or through acquaintances - it is always worth consulting with a professional lawyer on whether such a person is suitable.

It should be remembered that the surrogate mother is subject to requirements:

• Positive health condition and absence of certain medical contraindications;
• Such a woman should already have one or more healthy children;
• The woman should give her consent to all the procedures required by the surrogacy process, etc.

2. What to note in a surrogacy agreement?

• the location of the examination and delivery;
• the mother's place of residence for the duration of the process and her material support;
• mother's liability in case of breach of contract;
• how the child will be registered after birth;
• payment for surrogate mother's services, health insurance and other financial matters;
• unforeseen circumstances.

Also in the contract it is necessary to specify that the spouses agree on the whole procedure, carrying out their child by a surrogate mother and the consent of the woman to carry the child.

Important! Registration of the statement of the surrogate mother that she gives her consent to the fact that the parents of the child will be spouses - genetic parents, and that she will not make claims of her rights for the child.

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3. Mandatory conditions for the conclusion of the contract. 

Any negative consequences can be avoided, if You sign the contract right away, specify all the aspects and nuances that concern You. There are a number of conditions and pitfalls, which should not be forgotten when signing the surrogacy contract.

An important aspect is the right choice of the subject matter of the contract. If you specify the subject matter as the child, the entire contract will be considered invalid. On the other hand, such a subject as the very process of childbirth and carrying the child - will not raise any questions.

Also, think about how to protect yourself in the process - the best option would be a detailed check of the mother and the clinic before the conclusion of the contract. This can be a check of the mother's biography, the reputation of the clinic, the presence in various registers, etc.

When a child is born, it must be registered with the local authorities. Only the child's genetic parents will be mentioned in the certificate, and there will be no mention of the surrogate mother.

4. Are there any risks in the procedure?

Surrogacy is prohibited in many countries for one reason or another. Therefore, before signing a contract in Ukraine, consult with a lawyer on how to arrange Your entry back into the country of residence with Your newborn child.

Unfortunately, there have been cases in history when a surrogate mother, having received the first installment or medical care at the expense of the couple, disappeared.

The only thing that can protect You from such situations is the qualitatively drawn up contract and the assistance of a qualified lawyer in the judicial process.  

If you want to focus only on the happy result during all procedures and expectations - call us. All the rest of the work to protect You and Your family, we will take over.