We get a lot of inquiries concerning a possibility of the implementation of a surrogacy program in Ukraine for single people and people who are not married officially.
For those who are interested we make public an official response on this issue given by the Ministry of Health Care of Ukraine http://www.moz.gov.ua/ua/portal/ to an inquiry made by the lawyers of the law firm "Euroconsulting". The original text in Ukrainian can be found
Thus, according to Ukrainian authorities only heterosexual couples who are married officially can implement their surrogacy programs in Ukraine. Cohabiting couples of different sexes who are not married, civil partnerships, single women, single men and homosexual couples CAN NOT implement a surrogacy program in a legal way in Ukraine.
Reproductive programs for all these categories of intended parents including heterosexual unmarried couples, heterosexual partnerships, single men http://www.surrogacy.ru/eng/news/news4.php and single women http://www.surrogacy.ru/eng/news/news1.php can be arranged in the Russian Federation http://jurconsult.ru/publications/reproductiveBioMed.pdf . If you are not officially married, you can exercise your right to procreation through surrogacy with the assistance of the law firm "Rosjurconsulting" http://jurconsult.ru/en/, which has been organizing and coordinating such kind of reproductive programs in Russia since 2003 .
Surrogacy programs - including commercial surrogacy and surrogacy in combination with egg/sperm donation - are absolutely legal on the territory of Ukraine. www.surrogacy-ukraine.com is the first Ukrainian site whose prime goal is to help biological parents and surrogate mothers to find each other and get the right orientation in the ocean of contradictory information about this most sensitive and most controversial area of the family law.
Ukrainian surrogacy laws are the most favorable in the World and fully support the individual's reproductive rights. Surrogacy is officially regulated by Clause 123 of the Family Code of Ukraine and Order 24 of the Health Ministry of Ukraine (Reg. 04.02.97). 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. The prospective surrogate should be 20 - 40 years old. She must be mentally and somatically healthy and have at least one healthy child of her own. Surrogate may have no relation to commissioning parents. A written informed consent of all parties (intended parents and surrogate) participating in the surrogacy program is mandatory. The marital status of the surrogate is irrelevant.
Ukrainian legislators have chosen more logical approach to surrogacy in comparison with absolute majority of their European colleagues. 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 intended parents from the very moment of conception. 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).
Generally speaking, the legal situation concerning ART is very favorable, embryo research is allowed, gamete and embryo donation permitted on a commercial level. Single women can be treated by known or anonymous donor insemination.
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