Surrogacy services face some very difficult and stringent constitutional and legal challenges in most of the countries (it is totally illegal in Norway, Sweden, France, Germany, Italy, Poland, Spain, Estonia and many other countries).
On the other side even if there are some countries allowing Surrogacy, their legislation is obscure enough to make the process difficult and sometimes unpredictable (Belgium, Ireland, Czech Republic, UK, Denmark and Israel).
Surrogacy services in countries where they are permitted by law are normally extremely expensive; we can mention United States or Canada in such group of countries
In other cases they are legal but their quality and success rate is very poor as in some African countries.
In Ukraine, surrogacy services have enjoyed worldwide popularity for many years thanks to a flexible and liberal legislation, great legal support, affordable prices and top quality medical services. At this moment, Ukraine has the most advanced and transparent Surrogacy Law on a global basis.
The main laws regulating Surrogacy in Ukraine are the following:
- Order No. 787 of the Ministry of Health Care of Ukraine "On Approval of the Procedure of Assisted Reproductive Technologies Application" adopted on September 9th, 2013. In accordance with this order the following reproductive technologies can be performed in Ukraine:
- Article 123 of the Family Code of Ukraine:
- If the wife is fertilized by means of artificial fertilization techniques upon written consent of her husband, the latter is registered as the father of the child born by his wife.
- If an embryo conceived by the spouses is implanted in a third woman, the spouses shall be the legal parents of the child.
- Whenever an embryo is conceived by means of the sperm of the husband and the oocytes of a third woman and thereafter implanted in the uterus of his wife, the spouses will be considered the legal parents of the child.
- Article 48 of the Law of Ukraine “Basics of healthcare legislation of Ukraine”
indicates conditions of in-vitro fertilization:
- In-vitro fertilization and embryo transfer are performed according to conditions and in the way determined by the Ministry of Health of Ukraine, in accordance with the medical conclusion of a medical practitioner and to a woman older than 18 years on the basis of the agreement and mutual consent of the spouses, anonymity of the egg donor and medical confidentiality.
- Paragraph 2.2 of the Order №140/5 from November 18th, 2003 issued by the
Ministry of Justice of Ukraine “About changes and amendments to the Regulations of
Registration of Civil Acts in Ukraine”:
- In case that a woman (surrogate) to who a human embryo conceived by the spouses was transferred, delivers a child, the registration of the child will be carried out based on the written application of both spouses, indicating their given consent to the clinic that performed the embryo transfer. A written consent of the woman who delivered the child is submitted alongside with the medical document certifying that this particular woman gave birth to this child. In such a way the spouses can be registered as the legal parents of the child or children.
- Article 281 of the Civil Code of Ukraine:
- Either a woman or a man over 18 years old has the right to use assisted reproductive technologies based on the medical advice given by a medical practitioner and according to the specific conditions of her/his case and in the way determined by the legislation.