Agreements and informational-legal documents
Agreement between married couple and a Surrogate is a basic document, which establishes their rights and liabilities; meanwhile an agreement between the spouses and agency is minor, or assisted. In this connection it is necessary to avoid situations when agency undertakes some liabilities of medical or financial character.
All liabilities, their conditions, order and terms of fulfillment shall be thoroughly stipulated in agreement between the married couple and the Surrogate. Such agreement shall be drafted in two languages in Ukrainian and in the language of the married couple and signed by both of the spouses, at the presence of a notary. A certified translator affirms that a translation is correct and a notary certifies a signature of a translator. There is no need to certify a translation performed by a so-called sworn translator. To accelerate this procedure foreign couple is recommended to send copies of their passports for translation in advance.
As far as the legislation of Ukraine does not contain special requirements for an agreement between the married couple and a Surrogate, we recommend stipulating the following provisions:
- medical institution, that performs all medical procedures of artificial insemination and embryo transfer, maternity hospital;
- obligation of a Surrogate to follow doctors’ prescriptions;
- actions of parties in the case of unfavourable result of surrogacy programme (birth of a baby with congenital anomalies or stillborn);
- actions of parties in case of divorce or death of one of the spouses during the period of pregnancy;
- residence and food of a Surrogate during the period of pregnancy;
- liability of a Surrogate to undergo regular medical tests during the period of pregnancy;
- order and terms of payments, amounts of compensation and bonus;
- insurance.
With the purpose to avoid misunderstandings and disputes all documents signed by the spouses and Surrogate must be drafted in two languages and certified by a notary. Moreover it is also recommended to conclude the following documents:
- written consent of the spouses to carry an embryo, conceived by means of in vitro fertilization, by a Surrogate;
- written consent of a Surrogate and her husband to carry an embryo of Intended Parents;
- statement of a Surrogate about absence of claims towards the spouses after completion of surrogacy programme.
