Surrogacy Law: Ukraine Versus Rest of World

Ukraine is one of a very few countries where gestational surrogacy is legal and permits intended parents to use donor eggs or sperm. The legality of gestational surrogacy varies wildly between countries. Many countries completely ban gestational surrogacy; some countries have restrictions in place that are not ideal for international surrogacy; and other countries have legal infrastructure that does not protect or guarantee the intended parents’ parental rights to their baby. 
Such an example would be Russia. Russian surrogates can change their mind and decide to keep the baby after giving birth, even though there is no genetic link between the baby and the surrogate, and there is little recourse for intended parents.

Of the two surrogacy types – traditional and gestational – InterContinental Surrogacy only supports gestational surrogacy. In traditional surrogacy, the surrogate is artificially inseminated with sperm from the intended father, essentially making the surrogate the biological mother of the child. Gestational surrogacy - the egg and sperm are from either the intended parents or a donor, and the surrogate has no genetic link to the baby – is the best choice, legally and ethically. 


    • Gestational Surrogacy

    • Egg or sperm donor allowed

    • Intended Parents legal



    • Gestational Surrogacy

    • Gestational Surrogacy

    • Egg or sperm donor allowed

    • Egg or sperm donor allowed

    • Intended Parents legal

    • Intended Parents legal

    • Ukraine

    •  ✔

    •  ✔

    •  ✔


    • Ukraine

    • Gestational Surrogacy

    •  ✔

    • Egg or sperm donor allowed

    •  ✔

    • Intended Parents legal

    •  ✔

    • United States

    • Variable by state; not all states allow gestational surrogacy

    • Restrictions by state; not all states allow use of donor egg/sperm

    • Restrictions by state; some states require post-birth adoption to establish parental rights


    • United States

    • Gestational Surrogacy

    • Variable by state; not all states allow gestational surrogacy

    • Egg or sperm donor allowed

    • Restrictions by state; not all states allow use of donor egg/sperm

    • Intended Parents legal

    • Restrictions by state; some states require post-birth adoption to establish parental rights

Of the countries where gestational surrogacy is legal, there are restrictions. 

Examples include:

Gestational surrogacy is legal but Intended Parents must be citizens:
● India
● Israel

Gestational surrogacy is legal but unregulated:● Chile● Colombia● Iran● Japan● Nigeria● Mexico● Peru

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    Regardless of where you decide to complete gestational surrogacy, be sure you consult with an attorney who is experienced in international surrogacy law in the country you choose. Their counsel will protect your interests and be available for your questions. 

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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