Legal Aspects of Gestational Surrogacy: International and Domestic
Surrogacy Law is subject to a constant change worldwide, as it is a relatively new area of the International Family Law that has yet to be thoroughly and consistently addressed globally by relevant official authorities and senior-level lawmakers.
Currently, Surrogacy Law differs tremendously from one jurisdiction to another throughout the world. Over the past years, discussions have raged about the degree to which the human bodies and their constituents and physical parts should be purchased, traded, donated, or rented. Thus, it is advisable to scrutinize more systematically the mechanisms for and the need for generating international regulations incorporated into a universal legal framework to proactively advance the interests of all parties engaged into international surrogacy.
Several indicators to reflect the recent trends in the area of application of properly crafted international legal provisions aimed at further regulation of surrogacy law worldwide demonstrate that reaching a consensus and relevant compromises on multiple legal issues is unlikely to take place any time soon. The key challenge to the introduction of an international versatile and multi-purpose surrogacy universal instrument is the deficiency of international accord concerning the ethical and legal issues raised by using surrogate services.
The surrogacy itself mainly revolves around two legal aspects that consist of drafting and signing a surrogacy contract and finalization of parental right process. IVF Group Surrogacy Services through its legal department has been effectively applying a number of legally recognized and formally acknowledged techniques to ensure full enforceability of the signed surrogacy contract, adherence to compliance requirements and successful solving post-birth legal issues.
Surrogacy Legal Issues in Ukraine
Ukraine is one of the few countries in Europe that benefits the most from the existence of the flexible legal framework that creates an exceedingly favorable regime for foreign heterosexual couples to use the services of a surrogate mother in Ukraine.
Pursuant to the Surrogacy Law of Ukraine the gestational surrogacy is totally lawful in Ukraine. The following types of both commercial and altruistic surrogacy arrangements are legal in Ukraine:
- Gestational Surrogacy (GS)
- Gestational Surrogacy & Egg Donation (GS/ED)
- Gestational Surrogacy & Donor Sperm (GS/DS)
Prior to commencement of the surrogacy program a written informed consent of all parties involved in the aforesaid process is a must. All parties involved into a surrogacy process are obliged to sign the surrogacy contract that outlines each party’s roles, responsibilities and rights prior, throughout and after the pregnancy. The birth certificate of a child will contain the names of his/her/their genetic, intended parents. One of the main points is that a surrogate mother in Ukraine has no legal rights to claim custody of a newborn child and her name shall not appear in the birth certificate.
Please be informed that only legally married heterosexual couples that are able to prove the fact that they are not capable of carrying a baby themselves for medical reasons are entitled to use the services of a surrogate mother in Ukraine. Same-sex marriage is not considered a lawful matrimony in Ukraine, therefore gay/lesbian couples and other members of the LGBT community, as well as single individuals are not allowed to use the services of a surrogate mother on the territory of Ukraine.
IVF Group Surrogacy Services Legal Support
IVF Group Surrogacy Services employs both domestic and foreign lawyers that are extremely savvy with proper application of legal provisions that surround surrogate motherhood programs in Ukraine. In particular, our lawyers have been successfully finalizing parental rights for commissioning parents from different countries by filing required documents with foreign diplomatic missions in order to obtain a birth certificate(s) for a child (children) at the embassy of intended parents’ country of permanent residence that would automatically grant the child with the opportunity to acquire the citizenship of his/her biological parents.
To be more specific, our attorneys are deeply involved into the following:
- Detailed elaboration, consistent and uniform implementation of the optimum legal options for your contract(s);
- Extensive and comprehensive research of regulatory framework and legal regulations associated with the use of Assisted Reproductive Technologies (ART) and Surrogacy Process performed by duly licensed attorneys;
- Drafting, compiling and processing the Contract for Services;
- Drafting, compiling and processing the Contract for the use of Assisted Reproductive Technologies (ART);
- Verification of the statement of foreign medical institution to validate the fact that intended parents are unable to sustain a pregnancy due to medical conditions listed in and envisioned by the Law of Ukraine;
- Official affirmation that all parties involved into a surrogacy process are over eighteen years old;
- Drafting, compiling and processing the Surrogacy Contract that shall include the following provisions, conditions and stipulations:
- The surrogate shall submit to requested psychological and physical tests and exams;
- Setting out the legal aspects in relation to placement of fertilized embryo(s) in the uterus of the surrogate;
- Arrangement as to the maximum number of attempts to achieve pregnancy;
- Stipulation that entails that the surrogate shall refrain from engaging in intercourse at the time of the attempts to achieve pregnancy;
- Stipulation that entails that the surrogate shall refrain from terminating pregnancy unless her own life is at risk;
- Clauses that provide for that the surrogate shall refrain from drinking, smoking, using illicit drugs during pregnancy, submit to any medical exams and/or tests requested by the intended parents and/or medical specialists, maintain a proper diet, abstain from medically restricted activities;
- Legal issues related to financial reimbursements, compensations and payments to the surrogate;
- Arrangement as to the compensation should the pregnancy not proceed to the term.
- Notarial and Authentication Services;
- Building and submission of the complete documentation package to the Bureau of Vital Statistics (State Registration Service of Ukraine);
- Negotiations and coordination of post-birth legal issues with foreign agencies and domestic official organizations;
- Obtaining Birth Certificate(s) at the Civil Registry Office;
- Legal translation and interpreting services;
- Apostilization and legalization in compliance with the provisions of the Hague Convention of October 5th, 1961;
- Ad hoc legal consultations and legal support in case of unanticipated interaction with judicial institutions and/or official agencies.
IVF Group 24-Hour Services
Once the choice for international surrogacy has been made by the intended parents, the necessity to travel to a foreign country is practically inevitable. It is hard to say how many trips to the surrogate’s country are ahead of you, as it is up to you how many times you wish to travel to ensure your parenthood. However, it is obvious that several journeys are required in any case. You will have to be physically present in Ukraine for medical screening, signing legal contracts with the clinic, the agency and a surrogate, the embryo transfer procedure and eventually to finalize your parental rights after your child is born. During your travels you may face a lot of unexpected impediments that may in some ways jeopardize the successful outcome of your endeavor altogether.
Intended parents will probably have less communication with a surrogate that resides in a different country during her pregnancy. This fact may be inconvenient for some devoted fathers and mothers. Even nowadays with effective electronic tools available to you that allow staying constantly in touch with your selected surrogate, there are a great number of obstacles that would prevent a surrogate to assure the intended parents that everything goes the way it was planned.
You have to be aware that once you decided to go to a foreign country, you will likely experience a lot of difficulties that may include the lack of knowledge of the mentality of people of a surrogate’s country of origin, linguistic barriers, finding comfortable and affordable accommodation, proper introduction to a foreign legal system, getting an access to a qualified medical assistance, inability to effectively participate in negotiations with local government agencies to finalize your parental rights and many more others that can also turn into a major setback.
IVF Group Surrogacy Services employs a number of experienced and knowledgeable social services workers that have been hired specifically to make your trip to Ukraine memorable, smooth and rewarding. IVF Group Surrogacy Services social department offers the following services to all foreign couple that come to Ukraine with a purpose of becoming happy parents:
- All types of travel reservations;
- Transportation services;
- Accommodation services;
- Recreational and cultural services;
- Mobile telecommunication services;
- Translation and interpreting services;
- Sightseeing tours;
- Orientation program to help intended parents get to know medical specialists;
- Legal services;
- Notary related services;
- Individual programs services.
You can rest assured that all your needs, concerns and expectations will be promptly addressed by IVF Group staff in line with high international standards.
Contact IVF Group Surrogacy Services at + 1 (213) 277-5874 or visit our website at https://ivf-international.com/ to schedule an appointment with one of the representatives of our knowledgeable staff to engage in a surrogacy program in Ukraine.