Surrogacy is one of the methods of infertility treatment in which embryos obtained during the in vitro fertilization cycle are transferred into the uterine cavity of a woman who is not genetically related to those embryos for further delivery and birth. In the cycle of surrogacy, the eggs of the genetic mother (or oocyte donor) are fertilized with the sperm of the father (or sperm donor) and are transferred into the uterus of the surrogate mother.
Indications for surrogacy are:
– presence of medical indications;
– spouses (or at least one of the future parents) must have a genetic connection with the child;
– SM should not have direct genetic connection with the baby.
A surrogate mother is an adult, legally capable woman who has a healthy baby born to her and has no medical contraindications. The medical examination of the surrogate mother is conducted on a general basis for treatment with the use of ART.
Surrogacy is absolutely legal in Ukraine and is governed by the current Family Code of Ukraine and a number of other regulations. You can freely exercise your rights to parenthood in Ukraine. Article 123, paragraph 2, of the Family Code of Ukraine establishes the origin of the child born to a surrogate mother via ART method and clearly identifies that the legal parents of the child are the spouses who provided their gametes (eggs or sperm) and used the services of a surrogate mother. Paragraph 3 of the same article establishes the possibility for spouses to use donor oocytes in IVF and the embryo will in any case be considered as originating from the couple.
In addition, surrogacy issues are regulated by the Ministry of Health Care of Ukraine Order No. 787 “On Approval of the Procedure of Assisted Reproductive Technologies Application” adopted on September 9, 2013. A spouse who has consented to the use of assisted reproductive technologies has the full parental rights and responsibilities for the children born as a result of the use of assisted reproductive technologies.