There are different types of surrogacy which in turn gives rise to different legal considerations, documents and procedures.

1. Gestational surrogacy – In gestational surrogacy, a surrogate mother carries a child not genetically related to her. It is legal in Ukraine but only for officially married couples and single women. The surrogate should be between 20 – 40 years of age and must be mentally and physically healthy and she must already have at least one healthy child of her own. The surrogate does not have to have any biological relationship or family relationship to the intended parents. This is also the case where Donor gametes or embryos are used. She could also donate her oocytes (cells) for the IVF (not AI) program.
Accurate, detailed, notarised written informed consents of all parties (prospective parents and surrogate) participating in the surrogacy program is mandatory and we also recommend that these consents are apostiled in case they need to be shown to foreign courts or authorities at a later date.
A written surrogate parenting contract between parties is not mandatory but we always recommend this to create certainty between the parties as to exactly what is expected of them. As to the transfer of ‘rights’ – the intended parents are considered the child’s legal parents from the moment of conception. The surrogate can be paid both for her service and also for actual expenses incurred.
2. Traditional surrogacy – Here the surrogate is biologically related to the child. The surrogate agrees to donate her own egg and then carries the embryo. Traditional surrogacy is not mentioned in Ukrainian Legislation. This means that the child born as the result of artificial insemination, following a traditional surrogacy program, is deemed to be the child of the surrogate mother and the biological father. In these cases, if the surrogate is married, the law will consider her husband to be the legal father of this child unless the donation of biological material by the biological father is established by means of filing a joint statement of the intended biological father and biological (“surrogate”) mother of the child in an agency for the registration of civil contracts. A special agreement as for the effectuation of parental rights by a parent residing separately from the child should always be entered into to protect the rights of a single biological father.
The surrogate legally terminate her parential rights immediately after delivery and the commissioning biological father is considered to be the only parent of his child.
 Usually the biological father in the traditional surrogacy program is married and so step-parent adoption will be necessary to get the intended mother’s name listed on the child’s birth certificate, instead of the surrogate’s name. Sometimes gestational surrogacy plus an oocyte donation program is recommended to avoid adoption procedure.
Ukrainian legislation allows people to enter into surrogacy agreement  and then their names will be put on the Birth certificate as the parents from the start. The child is considered to be legally theirs from the very moment of conception. The surrogate is not legally allowed to keep the child after the birth. The parental rights of the intended parents are protected by the law and it would be considered the serious offence of kidnapping if the surrogate decided to keep the baby.
Surrogacy is completely legal in Ukraine and is  officially regulated by Clause 123  of  the Family Code of Ukraine  and other Health Regulations. These Regulations relate to the large number of health checks and tests which must be carried out and the confidentiality and rights of the parties involved. They are an important part of the law relating to this topic and must be complied with. The Family Code of Ukraine (clause 123) provides that the surrogate mother may not change her mind and decide to keep the baby after birth.
Legally speaking, after you get the Birth certificate, it will be you who delivered from the legal point of view, not the surrogate. Nevertheless we’d recommend you to come to Kiev for the delivery period, to avoid difficult questions at the consulate. You have the right to deliver a child in any country and you are not legally required to explain your reasons for choosing Ukraine. The child will be legally yours, so you can then travel to any country in the world.
GETTING THE RIGHT LEGAL ADVICE AND ASSISTANCE
The period of both IVF treatment and Surrogacy is a worrying, stressful time for the participants. This can adversely affect the chances of successful IVF treatment in particular.
It is essential that as many of the possible hurdles and difficulties are removed as possible before the treatment starts and this, of course, includes legal worries about agreements and documents.
You should seek specialist legal assistance at the earliest possible opportunity, both to help you decide which route to take and also to remove legal difficulties and bring certainty to the entire, complex procedure.

The Author of this text is a British lawyer living and working in Ukraine and will be pleased to assist with all legal requirements and documentation. He can be contacted through Medicare4U offices.

Please, download our standard agreement for Surrogacy

Fees GBP for the year 2012 (Surrogacy with egg donation or Intended Parents’ genetic material – full package*)

 

Agency Fees

 

Service Fee
 
Description
Amount
Screening of the Candidates for Surrogate Mother + Preparation and examination of the selected  by Intended parents Surrogate Mother
– presentation from 1 to 2 surrogate mother candidates (according to intended parents’ requirements);
– complex medical examination of SM in clinic of reproductive medicine
– organization of meeting with SM candidates;
– conclusion of psychologist;
 
 
 
 
 
 
 
 
 
 
1080 GBP
Legal support of surrogacy program before child’s birth
-legal counselling concerning the surrogacy program;
obtaining SM Husband’s consent in written for his wife’s participation in the surrogacy program;
– drafting and execution of contracts and other legal documents for the participants of the surrogacy program;
notary services;
Organization and supervision of medical part of program for SM and Intended Parents
 presentation of detailed information about medical program;
 arrangement of appointment to doctor;
 control of  medicaments purchase and usage by SM for the entire period of pregnancy;
– providing Intended parents and SM with results and reports concerning the program;
Emergency fund
 
– insured sum for unpredicted medical and organizational expenses in case of emergency;
 
Legal supportafterbirth
– obtaining of medical birth certificate of a newborn;
– execution of SM’s consent for registration Intended parents as legal parents of a child;
– notary services;
– assistance in registration of a child in Vital Records Office, obtaining of birth certificate;
– support in legalization, translation of the documents into English, preparation of the documents for the embassy, successful leaving for a home country.
 
 
 
1900 GBP

TOTAL:  6980 GBP

 

SM Compensation

 

Compensation to SM
Payable to SM after giving a birth to a child and signing the consent for registration of the couple as legal parents of the child. Delivery of 1 child
9,500 – 12.660 GBP
Monthly Allowance
Payable to SM in installments for food, vitamins, cloths, pregnancy testing supplies, calls, etc.
255 GBP/month
2300 GBP (total)


TOTAL: minimum 11,800.00
 GBP

 

Clinic fees and medical expenses

 

Clinic consultation fee & medical tests
Covers all the medical consultation and tests for Intended Parents (consultation of gynecologist, spermogram for the husband, medical examination of the Genetic couple for IVF Program)
9,800 GBP
Donation cycle or IVF program
– Includes IVF-ICSI+Medicaments for Donor or Intended mother stimulation
– Monitoring for SM
– Embryo transfer
Blastocyst culture
– Growing of obtained embryos up to 5 days
Embryo conservation
– Covers storage up to 12 months
Medicaments for SM
– medicaments for SM needed for one IVF attempt*;
– medicaments for 1 child pregnancy period*;
*the volume of medicaments may very in every single case.
Supervision of the Pregnancy with 1 child
Fixed Clinic’s Fee – for medical services. Payable to the clinic after confirmation of pregnancy
Maternity hospital fees
State run maternity hospital:
– selection of maternity hospital;
– organization of medical support and stay of SM in maternity department;
– organization of delivery;
– delivery fees;
– facilities for SM. 

TOTAL: minimum 9,800 GBP

* The ideal program with the pregnancy from the first IVF attempt – 1 child
 
GRAND TOTAL FULL PACKAGE:  18,500 GBP


Medicare4U fee – 2,000.00 GBP

Possible additional compensations and fees   

 

         
SM compensation for failed IVF attempt – pregnancy is not viable
255 GBP
Ÿ payable to SM for every failed cycle
Compensation to SM for pregnancy termination
255 GBP for current month
Ÿ Paid monthly allowance is not returned
Supervisor services
negotiable
Ÿ escort to the clinic;
Ÿ visiting SM at home;
Ÿ supervision of fulfillment of obligations by SM;
Ÿ reporting;
Extra compensation to SM in case of twins
1900 GBP
Ÿ the sum is added to main SM compensation
Supervision of the Pregnancy with 2 children (twins)
2850 GBP
Ÿ Fixed Clinic’s Fee – for medical services.
Guest services
Transfer from/to international airport «Boryspil»
(one way trip)
30 GBP
Ÿ meeting at the airport;
Ÿ accompanying to the hotel, apartment, clinic;
Apartment rental
from 35 GBP/night
Ÿ price depends on the district, conditions
Apartment for SM
from 160 GBP
Ÿ price for searching service

 

Overview of Ukraine legislation on Surrogacy

 

Since 2002, surrogacy and surrogacy in combination with egg/sperm donation has been absolutely legal in Ukraine. According to the law a donor or a surrogate mother has no parental rights over the child born and the child born is legally the child of the prospective parents.
In Ukraine the start of introduction of methods of supporting reproductive medicine was given in eighties of the preceding century. It was Kharkov where the extracorporeal fertilization method was for the first time successfully applied in Ukraine, and in 1991 a girl named Katy was born. Kharkiv was also the first city in CIS countries to realize surrogacy. Many clinics dealing with surrogacy have been opened in Kievand Lviv.
Ukrainian surrogacy laws are very favourable and fully support the individual’s reproductive rights. Surrogacy is officially regulated by Clause 123 of the Family Code of Ukraine and Order 771 of the Health Ministry of Ukraine. You can choose between Gestational Surrogacy, Egg/sperm Donation, special Embryo adoption programs and their combinations. No specific permission from any regulatory body is required for that. A written informed consent of all parties (intended parents and surrogate) participating in the surrogacy program is mandatory.
Ukrainian legislation allows intended parents to carry on a surrogacy program and their names will be on Birth certificate of the child born as a result of the surrogacy program from the very beginning. The child is considered to be legally “belonging” to the prospective parents from the very moment of conception. The surrogate’s name is never listed on the birth certificate. The surrogate can’t keep the child after the birth. Even if a donation program took place and there is no biological relation between the child and intended parents, their names will be on Birth certificate (Clause 3 of article 123 of the Family Code of Ukraine).
Embryo research is also allowed, gamete and embryo donation permitted on a commercial level. Single women can be treated by known or anonymous donor insemination. Gestational surrogacy is an option for officially married couples and single women. There is no such concept as gay/lesbian marriage in Ukraine, meanwhile such patients can be treated as single women/men.
If you want me to I can detail all the different legislative acts which provide the law in Ukraine on this issue but the main pieces of legislation are as follows:
 Article 123 of The Family code of Ukraine (as amended from December 22, 2006 No. 524-V) regulates affiliation of the child, born in case of assisted reproductive technologies (ART):
Item 1. If the wife is fertilized by artificial procreation techniques upon written consent of her husband, the latter is registered as the father of the child born by his wife.
Item 2. If an ovum conceived by the spouses (man and woman) is implanted to another woman, the spouses shall be the parents of the child.
Item 3. Whenever an ovum conceived by the husband with another woman is implanted to his wife, the child is considered to be affiliated to the spouses.
 Article 48 of the Law of Ukraine “Basis of legislation of Ukraine about health care” (as amended from February 12, 2008) indicates conditions of artificial fertilization:
Artificial fertilization and embryo implantation are performed according to conditions and order, prescribed by the Ministry of Health Care of Ukraine, for medical grounds of women of age, which undergoes this procedure with the written consent of her spouse, anonymity of donor and medical secrecy.
Order of child registration is regulated by the Decree of the Ministry of Justice of Ukraine No. 140/5 from November 18, 2003 “About amendments and additions to Rules of civil registration in Ukraine:
Item 2.2. In case of child birth by the woman who was implanted by fetus, conceived by the spouses, the child is registered upon the declaration of spouses, who gave their consent for implantation. In this case together with the document, confirming the fact of child birth, the woman has to provide notarized written consent for registration spouse as legal parents of the child. Thereby, there is a certain note in column “For notes”: “The citizen (surname, name, patronymic) is the mother of the child according to medical birth certificate of 103/о-95 (z0266-95) form.”
Civil Code of Ukraine (as amended from January 21, 2010 No. 1822-VI) regulates who has the right to participate in assisted reproductive programme:
 Article 281. Women or men of full age are entitled to have been cured with assisted reproductive technologies in accordance with their medical indications in order, prescribed by the law.
Order of the Ministry of Healthcare of Ukraine from December 23, 2008 No 771 “Approval of order manual of appliance of assisted reproductive technologies” establishes order of ART appliance.
Subparagraph 3 of item1. Certified medical institutions are entitled to perform artificial fertilization.
Subparagraph.4 of item 1. Patients are entitled to freely choose a medical institution for ART treatment.
Subparagraph 6 of item 1. ART are applied according to medical indications upon written free consent of patients and Statement of a patient/patients of ART appliance.
Subparagraph 7 of item. 1. Woman and/or man of full age upon their medical indications are entitled to apply to ART treatment according to article 281 of Civil Code of Ukraine.
Subparagraph 5.1. Donation of gametes is a procedure, during which, according to written voluntary consent, donors grant their germinal cells – gametes (sperm, oocytes), or embryos for use in infertility treatment by other persons.
Implantation of an embryo is conducted according to medical indications of a full-aged woman, who undergoes such procedure, provided written consent of the patients, ensuring of a donor’s anonymity and maintenance of medical secrecy.
Subparagraph 5.2. Donors of gametes can not undertake parental rights towards a future child.
Subparagraph 5.5. Oocyte donors can be:
female acquaintances and relatives;
anonymous voluntary donors;
patients of ART programmes, who according to written voluntary consent give part of their oocytes to recipient.
Subparagraph 5.6. Requirements for oocyte donors:
woman in age from 20 to 32;
presence of a born healthy child;
absence of negative phenotypic manifestations;
satisfactory somatic health;
absence of medical contra-indications for oocyte donation;
absence of hereditary diseases;
absence of harmful habits: drug addiction, alcoholism, and toxic substances abuse.
Subparagraph 5.10. List of necessary documents for oocyte donation:
agreement with the oocyte donor, voluntary written informed consent for participation in donation, controlled stimulation of ovulation and oocyte retrieval;
statement of a written consent of husband.
Subparagraph 7.4. A healthy woman of full age, who gave birth to a healthy child upon her written free consent and absence of medical contra-indications, is entitled to perform surrogacy.
Subparagraph 7.10. If parents of a child born by a Surrogate are foreign citizens they shall inform the address of their residence before processing of documents and departure from country for patronage by specialists-paediatrics and for supervision.
Subparagraph 7.11. Registration of a child born through ART by means of surrogacy is conducted according to the order set by the current legislation of Ukraine at the presence of a certificate of genetic relationship of parents (mother or father) with a child.