Why Ukraine?

  •  Ukraine is a popular destination for surrogacy.
  •  Legislation in Ukraine recognizes  parents as the only legal parents of surrogate-born babies whose names appear on the birth certificate. This simplifies the registration process of babies at the respective embassies and enables parents to leave the country in a shorter period of time.
  • Ukraine is also less expensive than other legal surrogacy destinations. We maintain remarkably high medical standards that have led to exceptional success rates. By keeping errors to a minimum, we can also keep our costs to a minimum.

 

Average cost of surrogacy = 30 000 – 33 500 USD


Average cost Surrogacy + Egg Donation = 35 000 – 38 000 USD

 

Surrogacy process in 12 steps:


1. Get connected!
First step is to get in touch with us by any ways most convenient to you e-mail, whatsup. fill in application form, call or by skype.
 
2. Preparation
After some initial questions which you might have you might be ready to come and therefore we start to prepare your first visit to Kyiv, Ukraine. Please, make sure that you have all the documents and medical tests ready. The day of the first visit will be schedule at your convenience. Period of stay in Kyiv 1-2 weeks.
 
3. 1st Visit
The first visit dedicated to signing the legal agreement, making first and second installments, examination by the fertility doctor at the clinic (1-2 days). Prior to your visit we will take care of your meeting at the airport, accommodation, transportation in the city, personal assistance in the IVF clinic during the appointment day, medical assistance with your IVF protocol or egg donation protocol till the IVF pregnancy positive result. You can arrive together with your partner for the first visit or husband can arrive alone, but with all the documents wife. 1-2 weeks or more.
 
4. Find egg donor/Ovarian Stimulation. IVF
As soon as you sign a surrogacy contract and undergo all procedures like doctor’s examination and consultation, make all necessary medical tests, you can start selecting a suitable egg donor from our egg donor database. This database has egg donors photos and basic information, so you can actually see who will donate eggs for your egg donation program. Actually you can start before your first visit, but your ovum donor is available for booking only after the first payment to the egg donation clinic. There are two options of choosing a candidate. This can be done by your reproductive specialist with the help of your program coordinator, according to your blood groups, wished phenotype and so on or you can choose your wished oocyte donor from the database together with your family.
 
Ovarian stimulation. IVF
In case you are stimulated for your own eggs, you will receive all necessary medication with you and start stimulation back home. You arrive to Ukraine approximately 10 days before the eggs retrieval procedure for ultrasound checks and for additional medication. Please note that you will stay about 10-14 days in case of your own ovarian stimulation.
 
5. Find Surrogate Mother
While choosing egg donor, your IVF doctor finds s a surrogate mother match for you. It is very important that a doctor selects a surrogate mother from a surrogate mother database according to her match criteria to your egg donor and to your medical record. Appearance of a surrogate is of no importance in this instance as healthy reproductive organs, general good health and match with you and your egg donor. You can see some of our experienced surrogate mothers on our surrogate mothers’ webpage. You can meet your surrogate mother on the day of the embryo transfer or on the 12th week of the gestation. You can also meet your surrogate mother before the embryotransfer takes place.
 
6. Synchronisation of Cycles
You will be informed about the starting time for your donor-surrogate mother syncronization process, your arrival day for donor eggs fertilization and blastocyst embryo transfer to your surrogate mother. You will receive all necessary medication and fertility protocol in the clinic to proceed with your fertility treatment back home in case you are stimulated for your own eggs.
 
7. 2nd Visit. IVF procedure.
Please note that you don’t have to arrive together with your partner for the second visit. Husband can arrive alone for the procedure or we can use his frozen sperm sample if it has been frozen on the first visit.
Your stay will last minimum 1 day.
 
In case you undergo ovarian stimulation, you arrive earlier than your husband or your husband can accompany you for the whole period or just arrive for the fertilization procedure.
 
8. Embryo Transfer
Embryo cultivation lasts 5 days in the specialized laboratory in the fertility medical center. Procedure of embryotransfer for your surrogate mother takes place in the morning on the 5th day.
 
In case you undergo ovarian stimulation, you are fully assisted during this procedure. Your coordination manager accompanies you to the clinic room, meets you after the procedure and gives explanations regarding your protocol actions after 5-6 days.
 
9. Pregnancy Test
Your surrogate mother makes blood test for pregnancy hormone hCG level 14 days after your embryo transfer. Our coordination manager informs the result to you the same day by mail or phone.
 
Positive – We are glad and wait for the first ultrasound.
Negative – you can process with next attempts. If you have unlimited surrogacy package with guarantee, you proceed until positive result without additional payments (in unlimited packages).
 


10. Baby/Babies Birth
The birth takes place in a specialized hospital in Ukraine. Intended parents will be informed when to arrive for the birth. Your child receives a birth certificate that states you as legal parents without mentioning surrogate mother and surrogacy process. Your surrogate process is controlled by personal coordinator and you are always aware of all details, time of your arrival, health state of your surrogate mother and her location. Your personal coordinator together with a surrogacy lawyer prepares your documents, checks Embassy requirements for any possible changes, in order the legal part goes smoothly and ends up receiving a baby passport. Intended Parents can visit children on the day of the birth or the next day after a night birth.
 
11. Legal Process
Legal process starts right after the birth of the child and differs from country to country of the intended parents. Our legal team will let you know the duration or the process and list of documents needed beforehand.
 
12. Return Home
On receiving baby certificate or passport at your Embassy, you are ready to travel back home. If needed one of our nannies will accompany you to your home country. 

 

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.

 

UKRAINE IVF and Surrogacy LEGISLATION:

According to the Family Code of Ukraine, Article 123.2, if a couple conceives a human embryo as a result of the application of assisted reproductive technology, and this embryo is transferred into the body of another woman, the couple are the parents of the child.

According to the Family Code and Order N 771 of the Health Ministry of Ukraine, the following are acceptable indications for surrogacy:

Absence of a womb (inborn or acquired)
Deformation of the cavity or cervix uterus, making pregnancy and delivery impossible
Synechi of the womb cavity
Severe somatic diseases, making the duration of pregnancy impossible
Multiple implantation failures connected with endometrial factors
4 or more unsuccessful attempts of IVF with high quality embryos
The surrogate mother should be between the ages of 20 and 35 years with at least one healthy child of her own. She should also be in a healthy mental and physical state.
Other important legislation to take note of is the Order of the Justice Ministry of Ukraine № 52/5, dated 18.1.2000:

“2.2. The registration of a child’s birth by the woman (donor) is realized according to the application of the couple who gave their consent for her insemination. In this case, simultaneously with the document which certifies the birth, the written consent of the woman (donor) certified by an attorney is issued; in this document, the woman (donor) gives her written consent to record the couple as the child’s parents. In this case, in the “For notes” column, the following inscription is made: “the mother of the child according to the medical certificate regarding the birth, form № 103/о-“
Ukraine is one of the few surrogacy-friendly states in Europe. It does not limit surrogacy-related payments and does not require the parents-to-be go through legal procedures in order to obtain a court order. No adoption of your own child is required. The recipient family creates embryos using their own, or donated, gametes through IVF (In-Vitro Fertilization), which are transferred to the gestational surrogate mother.

 

Please, download our standard agreement for Surrogacy

Fees GBP for the year 2018 (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.
 
1200 GBP

TOTAL:  7980 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 – 12.500 GBP
Monthly Allowance
Payable to SM in installments for food, vitamins, cloths, pregnancy testing supplies, calls, etc.
255 GBP/month
2300 GBP (total)
 
  Following expenses should always be considered:
 
• Loss of earnings for you and your partner, if they are incurred
• Maternity clothes
• Additional nutrition items and vitamins
• Travel costs for both you and your family if you visit your intended parents
• Travel and accommodation costs for attending your clinic and hospital appointments
• Additional childcare costs if you need it
• A modest recuperation break for you and your family
• Any other expenses during your pregnancy and after the birth.
 
Other costs that clients will cover the cost of include:
• Counselling or professional support in connection with your pregnancy (such as a doula or additional counseling)
• Wills and life insurance
• Legal fees


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)
 
 
 
 
 
 
 
 
 
8,800 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 8,800 GBP

* The ideal program with the pregnancy from the first IVF attempt – 1 child
GRAND TOTAL FULL PACKAGE:  28,580 GBP


Medicare4U fee – 100.00 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 Kiev and 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.