What are your legal rights in Ukraine?

Ukraine is the most popular destination in the world for international surrogacy because your rights as the legal parents of your child are clear, supported and well-regulated. 

As established in Article 6 of the Order of the Ministry of Health of Ukraine No. 787, there are three basic legal requirements for intended parents to seek surrogacy in Ukraine:

    They must be married 
    They must be heterosexual
    The mother must show proof of medical need for surrogacy

Per Family Code of Ukraine (Section III, Chapter 12, Article 123, Point 2), the baby legally belongs to the intended parents from conception. The gestational carrier has no parental rights over the child and must surrender the baby to the intended parents immediately upon his/her birth. This is a significant advantage over other countries - and even over many states in the US!
Ukraine's Federal legislation leaves no room for confusion or doubt; It fully supports gestational surrogacy and surrogacy with egg/sperm donation for married, heterosexual couples, making it one of the friendliest places in the world for international surrogacy. 
Plus, Americans do not need a visa to enter Ukraine for the purpose of surrogacy. 

Legal advantages to Ukraine beinga Surrogacy-positive country:

    There are no restrictions on surrogacy-related payments;Most European countries either prohibit surrogacy altogether or they only allow surrogacy agreements if the surrogate is unpaid.
    Surrogacy contracts are considered enforceable under Federal legislation.
    No adoption of your child is required; the child belongs solely to the Intended Parents from the moment of conception.
    Neither Donor nor Gestational Carrier is awarded any parental rights over the child. In other countries that allow surrogacy, the law usually grants all parental rights to the Surrogate until a court process can transfer the rights from the Surrogate to the Intended Parents. This is not the case in Ukraine.
    No additional legal procedures or court processes are needed in order to obtain your baby’s birth certificate. 
    Article 10 of Section III of order 1154/5, Order of the Ministry of Justice of Ukraine allows birth certificate to be issued in intended parents' names in the instance of babies born to women who are acting as surrogates for a transferred human embryo (allowing for egg or sperm donation)
    Receiving a passport for your newborn is simple and straightforward for American families. We will help you gather and fill out all the necessary paperwork and coordinate DNA testing for the local US embassy/consulate. It typically takes 3 weeks to receive a U.S. passport in Kyiv.

Regulations related to surrogacy provide further peace of mind  

    Ukrainian law allows for gestational surrogacy, egg or sperm donation, and embryo donation
    No specific permission from any regulatory/governmental agency is required
    What is required is a written informed consent of all parties (intended parents and surrogate) participating in the surrogacy program and related agreements, confirming the arrangement
    Artificial insemination must be carried out only in specially accredited medical institutions
    A checklist of information must be provided to the couple seeking medical assistance, namely: the details of the medical procedure(s), the results of medical examination of the gestational carrier and medical and legal aspects, etc.

Obtaining US citizenship for your child:

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Once your child is born, our lawyers will prepare you with the documents and instruction you need to obtain a US passport at the American embassy:

● Obtain the birth certificate showing the names of the intended parents● Registration of the baby as a son/daughter of both parents in civil registration office● Deliver documentation to the American embassy● Organize a DNA test

A child born outside the United States to a U.S. citizen (mother and/or father) is considered a U.S. citizen at birth, provided certain criteria are met. A child is considered a U.S. citizen at birth under the following conditions:

● If the parents are both U.S. citizens at the time of the child’s birth AND at least one parent lived in the U.S. for a minimum of 5 years prior to the child’s birth.● If only one parent was a U.S. citizen at the time of the birth AND the parents are married AND the U.S. citizen parent had been physically present in the United States or its territories for a period of at least five years some time prior to the birth, at least two of which were after the parent’s 14th birthday.

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Curious if international surrogacy is right for you? 

We would love to help you create your family.Please contact us today for a free initial consultation.

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