Surrogacy in Ukraine: what intended parents should know
Surrogacy in Ukraine: what intended parents should know
EVERLEGAL experts:
Olga Kotkova, Senior Associate, and Oleksandr Demchuk, Counsel
Ukraine has long been one of the few countries where surrogacy is permitted by law and may be commercial. This is why the option is used both by Ukrainian married couples and by foreign nationals, including those from Japan, China and European countries. However, the relative accessibility of the service conceals a number of legal issues that the legislation leaves unanswered.
This article aims to outline the legal nature of surrogacy in Ukraine, its scale and the advantages of the Ukrainian model compared with other jurisdictions, as well as the regulatory gaps that intended parents should bear in mind.
The article by EVERLEGAL lawyers has also been published in LIGA ZAKON and is available at the link.
Legal nature of surrogacy
Ukraine has no dedicated law on surrogacy. The key provision is set out in the Family Code of Ukraine: where an embryo conceived by spouses through assisted reproductive technologies is transferred to another woman, the spouses are the child's parents (Article 123(2) of the Family Code of Ukraine). The medical indications, the requirements for participants and the list of documents are set out in the Procedure for the Use of Assisted Reproductive Technologies, approved by Order of the Ministry of Health of Ukraine No. 787, while the procedure for registering the birth is governed by the Rules for State Registration of Civil Status Acts.
Ukrainian law permits gestational surrogacy only. The surrogate mother carries an embryo to which she has no genetic link, and at least one of the spouses must be genetically related to the child. The service is available only to a married couple, a man and a woman, where there are medical indications, in particular the absence of a uterus, serious illness or repeated unsuccessful attempts at IVF.
A fundamental feature of the Ukrainian model is that the surrogate mother acquires no rights in respect of the child. The intended parents' parenthood arises directly by operation of law, not as a result of the surrogate mother's waiver or an acknowledgement of paternity. State registration of the birth merely documents this status. If the surrogate mother is married, her husband is not considered the father either, but his consent is a mandatory condition for his wife's participation in the programme.
In practice, the relationship between the spouses, the surrogate mother and the medical institution is governed entirely by contract. The courts classify this contract as a contract for the provision of services, so the parties are liable only within the scope of the terms expressly provided for.
Surrogacy in figures
Ukraine does not keep regular official statistics on surrogacy. The most recent public data from the Ministry of Justice show that in 2015-2019 surrogate mothers gave birth to 4,631 children, 4,279 of whom have foreign parents. In 2019 alone, 1,499 such children were born. According to media estimates, under martial law this number has fallen to 600-800 children a year, but foreign nationals still account for the vast majority of intended parents.
Why Ukraine: advantages of the Ukrainian model
Demand for surrogacy in Ukraine is explained not only by the accessibility of the service, but also by a combination of legal and practical factors rarely found in other jurisdictions:
- Parenthood from birth. The spouses are recorded as the child's parents directly at the state registration of the birth. No adoption or court decision is required.
- Legal certainty of the child's status. The surrogate mother and her husband acquire no rights in respect of the child, and the law does not allow the surrogate mother to contest maternity. In many countries where surrogacy is permitted, the woman who gave birth remains the mother until a separate decision is made.
- Permitted compensation for the surrogate mother. In most European countries, surrogacy is either prohibited or permitted only on an altruistic basis. Ukraine, by contrast, allows the parties to set the terms and amount of compensation in the contract themselves.
- Developed medical infrastructure. In 2023 alone, more than 33,000 assisted reproductive technology cycles were started in Ukraine (including under surrogacy programmes). Reproductive clinics have many years of experience working with Ukrainian and foreign patients.
- Simplified circulation of documents. Ukraine is a party to the Hague Apostille Convention, as are most partner countries, including Japan and China. Ukrainian documents therefore do not require full consular legalisation.
It is also worth noting the significance of the Ukrainian model for citizens of countries where surrogacy is unavailable. In China, medical institutions are prohibited from providing this service, and surrogacy contracts are not recognised. In Japan, surrogacy is not regulated by law, and the woman who gave birth is considered the child's mother. Ukraine, however, offers such couples a lawful procedure and official documents in which the genetic parents are recorded as the child's parents. This matters in practice: under the Nationality Law of the People's Republic of China, a child born abroad with at least one parent who is a Chinese national is a Chinese national (Article 5). A similar principle of descent from the father or mother applies in Japan. A Ukrainian birth certificate together with a certificate of genetic relationship therefore provides a reliable basis for obtaining the child's documents at the consulate. It is no coincidence that, according to analytical publications, Chinese nationals accounted for around half of foreign intended parents using surrogacy in Ukraine before 2022.
This is why Ukraine remains one of the most sought-after jurisdictions for surrogacy even under martial law.
Regulatory gaps and risks
First, there is no dedicated law. The legislation does not define the essential terms of the contract, its form, or the rights and safeguards of the parties. The protection of each participant therefore depends directly on the quality of the contract, which is usually drafted by the clinic or agency.
Second, a number of real-life situations remain unregulated. The law does not say what happens if the parents divorce or die before the child is born, in the event of force majeure, or if the child is born with developmental abnormalities. In the latter case, the Family Code allows a child to be left at a healthcare institution (Article 143(3) of the Family Code of Ukraine). This may result in deprivation of parental rights, but the child's future in such cases remains uncertain. At the same time, the parties can address most of these situations in advance in the contract. In particular, they can set out the procedure in the event of divorce or the death of one of the spouses, the person who will temporarily care for the child, the consequences of force majeure, financial guarantees and the parties' liability. A contract cannot change the parents' statutory obligations towards the child, but clearly drafted terms significantly reduce uncertainty for all participants in the programme.
Third, recognition of parenthood abroad. For Ukrainian couples, this issue does not usually arise, as the child acquires Ukrainian citizenship by birth. For foreign parents, a Ukrainian birth certificate is a reliable basis, but it does not complete the process: subsequent formalities follow the rules of the country of their nationality. That said, practice shows that with proper preparation these issues can be resolved through consular procedures, confirmation of the genetic link with the child and the mechanisms for establishing parenthood provided for by national law. It is therefore important to plan this route in advance, as the child's citizenship, documents and timely return home all depend on it.
Surrogacy as an informed decision: what to consider in advance
Surrogacy in Ukraine is a lawful and effective way to become parents for couples who cannot have a child on their own. The law clearly assigns parenthood to the genetic parents, which sets Ukraine apart favourably from other jurisdictions. However, in the absence of a dedicated law, the couple assumes most of the risks when signing the contract, and that is also when they are easiest to reduce.
Practice shows that the following should be considered in advance:
- The law of the country of nationality. Foreign couples should find out, even before choosing a clinic, whether a Ukrainian birth certificate will be recognised, who will be considered the mother and how the child will acquire citizenship. This determines whether the child will be able to leave Ukraine without delay.
- Genetic link. At least one of the spouses must be the child's genetic parent. If the surrogate mother's egg is used, this is no longer surrogacy: the woman who gave birth becomes the legal mother.
- Completeness of the surrogate mother's documents. Before the programme begins, it is worth making sure that her marital status is known and, where necessary, that her husband has given his consent. The absence of this information in the contract often causes problems after the child is born.
- Content of the contract. It should cover not only compensation, but also the consequences of a multiple pregnancy, complications or developmental abnormalities in the child, divorce or the death of one of the spouses, force majeure and martial law.
- Care of the child. As a general rule, the parents must collect the child and register the birth within one month. It is therefore worth deciding in advance who will care for the child if the parents cannot arrive in time, and preparing a power of attorney for a representative.
- Documents and deadlines. Apostilles and translations of foreign documents are best prepared before the programme begins. Some countries set short deadlines for registering the birth of a national abroad: for example, under Japanese law, a notification to retain nationality must be filed within three months.
- Reliability of the clinic. Before entering into the contract, it is worth checking the medical institution's licence, any court disputes and criminal proceedings, as well as the conditions for storing embryos under martial law.
The success of a surrogacy programme therefore depends not only on medicine, but also on how thoroughly its legal side has been prepared before it begins. An informed approach helps avoid situations where the child has already been born, but their legal status or ability to leave the country remains uncertain.
With this in mind, we recommend that intended parents seek legal advice before choosing a clinic and signing the contract. This is the stage at which the legal risks of your particular situation can be assessed, the terms of the contract reviewed, and the registration of the child's birth and their documents planned in advance.
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