Publication date: 10.06.2024
Legal regulation of surrogacy in Ukraine
Introduction
Surrogacy is a method of assisted reproductive technology (ART) that allows childless couples to have children with the help of a third party - a surrogate mother. In Ukraine, surrogacy is a legal practice regulated by a number of legal acts. In this article, we will analyze the legal regulation of surrogacy in Ukraine, including the main
legal provisions, rights and obligations of the parties, as well as court practice.
Legislative regulation
The main legal acts regulating surrogacy in Ukraine:
Family Code of Ukraine:
- Article 123 defines the procedure for establishing the origin of a child born as a result of the use of assisted reproductive technologies.
The Civil Code of Ukraine:
- Regulates the contractual relationship between a surrogate mother and biological parents.
The Law of Ukraine "On Health Care":
- Defines the general principles and conditions for the use of assisted reproductive technologies.
Order of the Ministry of Health of Ukraine No. 787 of 09.09.2013:
- Regulates the procedure for the use of assisted reproductive technologies, including surrogacy.
The procedure for concluding a surrogacy agreement
Voluntary consent:
- The surrogate mother must provide written voluntary consent to the surrogacy program.
Agreement between the parties:
- A contract is concluded between the surrogate mother and the biological parents, which defines the rights and obligations of the parties, payment terms, medical and legal aspects of the process.
Medical examinations:
- The surrogate mother and biological parents must undergo medical examinations to exclude contraindications to the procedure.
Rights and obligations of the parties
Biological parents
Rights:
- The right to information about the surrogate mother's health status and the course of pregnancy.
- The right to receive a child after birth.
Responsibilities:
- Providing medical and financial support to the surrogate mother during pregnancy.
- Fulfillment of the terms of the agreement and timely payment for the surrogate mother's services.
Surrogate mother
Rights:
- The right to medical and financial support from biological parents.
- The right to confidentiality and protection of personal data.
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Responsibilities:
- Fulfillment of the terms of the contract, including compliance with medical recommendations.
- Transfer of a child to biological parents after birth.
Establishing the origin of the child
In accordance with Article 123 of the Family Code of Ukraine:
- The parents of a child born to a surrogate mother are recognized as spouses who have consented to the use of assisted reproductive technologies.
Registration of the birth of a child:
- After the birth of a child, the biological parents must register the child with the registry office, providing the necessary documents confirming the use of assisted reproductive technologies.
