Why Surrogacy Laws in Ukraine Needs Some Big Changes

Why Surrogacy Laws in Ukraine Needs Some Big Changes?

The Family Code, which is a piece of legislation, recognizes and permits surrogacy in Ukraine. Moreover, special acts govern the application process for surrogacy and other forms of ART (by-laws).

On the other hand, the spouses of a child born by a surrogate mother are legally recognized as the child's parents in Ukraine. Moreover, the risk of potential abuse by the surrogate mother is reduced by this clause, which also safeguards the rights of the spouses and the child.

In contrast, the surrogate mother in Russia is regarded as a legitimate mother and is given preference when it comes to registering the birth of the child. The partners won't be able to establish their family relationship with the child until the surrogate mother gives the child away. In Ukraine, there is no such issue because the surrogacy laws in Ukraine gives more support to couples looking for surrogacy services.

Why Ukraine requires a major reform in ART domain?

The need for legal reform in the ART industry, specifically the surrogacy industry, is currently important for Ukraine. In order to adopt a comprehensive law on ART, a few legislative proposals have been made to the Ukrainian Parliament.

Unfortunately, as of right now, Ukraine lacks a separate ART law that would guarantee proper state regulation of surrogacy and related aspects like surrogacy cost in Ukraine Therefore, at the moment, surrogacy laws in Ukraine does not define surrogacy, nor does it establish a list of the rights and obligations of those taking part in surrogacy programs, or it establishes liability for violations, etc. We hope that soon a sufficient and comprehensive law will be adopted and that all the aforementioned gaps will be filled.

Due to the current legislative shortcomings, participants in surrogacy programs (surrogacy agency in Ukraine) should adopt a balanced approach when drafting and finalizing agreements with the clinic and the surrogate mother in order to protect themselves from potential violations. Additionally, it is crucial to choose legal advisors carefully because it is their job to guard against potential violations of spouses' rights, draft and review agreements, and support couples throughout the program.

Other legal considerations regarding Surrogacy in Ukraine There are legal requirements to obtain a court decision in the country of the child's birth confirming the family relationship between the child and the spouses in a number of European nations, particularly Germany, Spain, and Great Britain.

Without such a decision, the child's biological parents are unable to register their child in the nation of their citizenship and legalize their relationship with the child.

The surrogacy laws in Ukraine, on the other hand, permits foreign parents to obtain such a court ruling. In recent years, there have been numerous cases in Ukraine's legal system involving the determination of the familial ties between children born to surrogate mothers there and their foreign parents.

Notably, the European Court of Human Rights has already addressed the issue of legalizing the status of a child born through surrogacy in some of its rulings (whose legal conclusions are binding for the Ukrainian courts).

Moreover, the European Court of Human Rights has held that domestic law must permit recognition of the legal relationship between a child born through a surrogacy agreement finalized abroad and the intended mother or father where they are biological parents, in accordance with Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Failure to do so constitutes a violation of the Article 8 of the Convention's guarantee that a child's right to respect for their private lives.

When a request to determine a family relationship is properly prepared and accompanied by the required documentation, Ukrainian courts are fully authorized to grant the applicants' requests from surrogacy agency in Ukraine.

Our experience demonstrates that a court can render a favorable decision during a single court hearing, allowing the parents and their child to quickly return to the nation of their citizenship and obtain legal status.

Final words Surrogacy is many families' last chance to have a child and experience parenthood's joy all over the world. The fact that Ukraine currently permits surrogacy programs, provides high-quality healthcare at an affordable cost, and has supportive legislation for biological parents should serve as a catalyst for further development in this field.

Moreover, adoption of a specific law on ART, which will address a number of contentious issues that currently leave room for potential abuse, is a necessary prerequisite for such development by the surrogacy agency in Ukraine. If passed, the law will contribute positively to Ukraine's economic growth and give it more credibility in the international market for reproductive services.