Defence of rights and interests of Intended Parents
According to the current legislation of Ukraine, namely the Civil Code of Ukraine, the Law of Ukraine “Basis of legislation of Ukraine about health care”, the Law of Ukraine "On consumer's rights", Order of the Ministry of Healthcare of Ukraine from September 09, 2013 No 787 “Approval of order manual of appliance of assisted reproductive technologies in Ukraine” which regulate legal relations between physical persons or order of ART appliance, Intended Parents have a right to know the information about pecularities, success rates, risks and complications of aRT programmes as well as about their legal aspects.
Family Code protects interests of the Intended Parents and does not grant a Surrogate rights to keep child or be registered in Vital Registration Office. It prevents Intended Parents from possible blackmail.
In this case simultaneously with the document that confirms the fact of child birth from this woman, her written consent (certified by a notary) to register the spouses as parents of a child is provided.
Another iomportant issue is possibility to call into question someone’s motherhood. In accordance with paragraph 2 of article 39 of Family Code, a woman who considers herself a mother of a child, has a right to file a lawsuit for recognition of her motherhood against woman registered as mother. However it’s not possible in the cases stipulated by paragraphs 2 and 3 of article 123 of Family Code in case of birth of child conceived by the spouses with application of ART and embryo transfer to body of another woman.This also refers to gamete donors which have no legal parentsl rights for a child born through IVF with donor's material. They are not in charge of any alimony.
In addition to strictly juridical aspects of surrogacy motherhood, recognition and registration of fatherhood, there are many civil law issues that arise between the spouses and a Surrogate. This issues deal with money compensations and other expenses for allowance and treatment of a Surrogate, payment of a compensation for her services.
These relationships could be regulated by agreement between the Intended Parents and the Surrogate. The agreement is concluded in notary form (after November 01, 2013). Provided that it is processed by a competent lawyer such agreement could prevent development of undesirable legal consequences for both parties.
Consent of a Surrogate’s husband is required in Ukraine. In many countries, the UK namely, her husband would be a juridical (legal) father of a child until Intended Parents will gain their legal rights. In Ukraine he has no parental rights over this child but he has to give consent for Surrogate's participation in the programme.
