What is the difference between traditional and gestational surrogacy?
Traditional surrogacy presupposes a genetic link between a woman and a child, who carries him. Apparently, she is an egg donor and therefore a biological mother of a child. This does not comply with the legislation of Ukraine.
Gestational surrogacy means no genetic link between a woman, who carries a child. In this case a child has a link with Intended Parents (or one of them and therefore egg or sperm donor). This very type of surrogacy is practiced in Ukraine.
After several years of infertility treatment in our home country me and my wife took a decision to go through program of IVF with surrogacy abroad, possibly in Ukraine. We know it is legal in Ukraine but does it cover for foreign citizens?
Surrogacy in Ukraine is absolutely legal. Order and terms of these programs are regulated by a number of regulatory acts, namely, the Family and Civil Codes of Ukraine, The Law on Health Fundamentals of Ukraine, core Order of the Ministry of Healthcare of Ukraine No 771 as well as by other regulatory acts. These regulatory acts do not restrict participation of foreign citizens in surrogacy. So you are free to exercise your right for fatherhood and motherhood in Ukraine.
Who is considered to be the parents of a child born through surrogacy?
According to the legislation of Ukraine, parents of a child, born by a surrogate, are genetic (biological) parents which participated in surrogacy program. Even though there is a genetic link with one of spouses, (ii.e. father's sperm ,and donor's egg) other spouse automatically receives parental rights. The names of biological parents are indicated in birth certificate during its registration in Vital Registration Office. A Surrogate has no parental rights over a child and cannot keep him. These provisions are fixed by the Family Code of Ukraine and other regulatory acts.
What happens if а Surrogate refuses to relinquish a child to its biological parents? Are there any measures?
According to the legislation of Ukraine, a Surrogate has no rights over a child. If she refuses to relinquish a child, so her action are viewed as illegal and she bears criminal, administrative, and/or civil-legal responsibility. According to surrogacy agreement concluded before the program, a Surrogate can lose right for compensation and undertakes to pay penalty.
How a child born by a Surrogate is registered?
There is a standard procedure of vital registration act of a newborn child. A Surrogate signs a special notary form of declaration-consent that she does not mind Intended (biological) Parents being registered as legal parents of a child. With these and other necessary documents, Agency lawyer can quickly process birth certificate of a child where our clients, Intended Parents, will be indicated as his/her parents. This procedure should not disturb you.
I am a citizen of Italy but live in Switzerland. Do I need visa to come to Ukraine and participate in surrogacy program?
For several years already the citizens of European Union, USA, Canada, Japan and Switzerland as well as CIS can come to Ukraine without visa for 90 days during the year. So most likely you do not need a visa.
Will Surrogate’s name be indicated in birth certificate of our child? If yes, how soon can we replace it?
There is no need to replace certificate. Birth certificates in Ukraine are issued with names of Intended Parents at once.
We are the citizens of Sweden. We are planning to participate in surrogacy program in Ukraine. After his birth we have to overcome a complicated procedure of his registration in our home country. How much time does it take to obtain birth certificate in Ukraine and do you assist foreign citizens to come back to home country?
Birth certificate registration can take 2-3 weeks. Our Agency can help you to confirm parental rights in Sweden through our partners in Sweden.
How much time does it take to obtain exit visa after surrogacy program?
It depends on your embassy. The Embassies of Sweden, Denmark grant exit visa during nearly 3 weeks.