Services related to legal support of the surrogacy program:

  • providing legal advice to the participants of the program (the genetic parents and the surrogate mother);
  • providing legal advice to foreigners on preparation of documents required for participation in the surrogacy program;
  • legal review of documents received from surrogate mother candidates;
  • preparation of a consent of a Surrogate mother’s husband to her participation on the program;
  • drafting of the Child-Carrying Agreement between Customers and Surrogate mother taking into account the particularities of the surrogacy program;
  • drafting of necessary paperwork to formalize legal relations between the clinic, the genetic parents and the surrogate mother (agreement, consents of program participants);
  • preparation of the set of documents after the birth of the child as a result of surrogacy, which are required for child’s registration (coordination of notarization of the Surrogate mother consent, obtaining of certificates etc.);
  • support of child registration in the Civil Registry Office and receiving a birth certificate;
  • preparation of the set of documents required for the embassy;
  • conducting an independent legal review of documents in the surrogacy program (a set of documents provided to the intended parents for execution by the clinic / agency of their choice).
 

Read below about Helen Babich's experience in legal support of surrogacy.

 

Uarm Press conference

19.05.2020

On May 19, 2020 following the lockdown and border closure which resulted in difficulties with the departure of children born in surrogacy programs, UARM organized a conference on "Recent developments in reproductive medicine in Ukraine - what is happening?".

Helen Babich took part in the press conference. The attorney said that the concern about the inability to take away the children born in surrogacy programs is a force majeure, which is not related to the absence or existence of a special law in the field of ART. Government officials ignored a request from UARM several months ago where the association asked to intervene and help foreign nationals arrive in Ukraine to take away their children.

Video from the press conference is available here


 

Uarm Press conference

23.07.2018
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On July 23, 2018, the medical attorney Helen Babich took part in a press conference organized by UARM along with the President of UARM Oleksandr Yuzko and the Vice President of UARM, the Director of the Reproductive Medicine Clinic “Nadiya” Valery Zukin. The conference subject was "Reproductive Medicine of Ukraine: from scandal to scandal?".

There was a talk about the current state of reproductive medicine in Ukraine, its achievements, problems and challenges, as well as another "surrogate scandal". According to the speakers, the existing legislation which regulates the field of assisted reproductive technologies (including surrogacy) is not perfect, yet quite satisfactory, and the main problem is not the legislation, but the non-compliance with existing regulations of Ukraine. The attorney Helen Babich emphasized that "the agreement between the genetic parents and the surrogate mother is the only thing that can protect the rights of both parties."

"Having analyzed the existing legislative proposals in the field of ART and their prospects, we came to the conclusion that banning medical tourism in the field of ART is illogical, as a large number of patients are foreign nationals who come to Ukraine for quality reproductive care and reasonable prices."

Video from the press conference is available here


 
  • Since 2003 specializes in medical law and legal support of surrogacy and ART.
  • More than 300 registered children in surrogacy programs.
  • The genetic parents come to us from 15 countries (China, Croatia, Great Britain, the USA, Romania, Russia, Moldova, Spain, Germany, Israel, etc.)
  • Helen cooperates with the best medical institutions of Kyiv.
 
  • “I believe, that balancing of interests for all participants of the surrogacy program, both the intended parents and the surrogate mother, is crucial. It is essential that the terms of the contract are clear, fair and secure for both parties” Helen Babich
  • “The Intended parents should be very critical when choosing the clinic and the agency, carefully study the documents that they are offered to sign, clarify how the program is conducted and how all stages are documented.” Helen Babich
 

Helen Babich is partner of

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Guidelines for the intended parents

1. “Be sure to learn the procedure for taking the baby to the country of your residence in order to avoid issues after the baby is born. In this regard, contact the embassy with a respective request. I highly recommend doing this before entering into a surrogacy program”

2. “Carefully choose the agency you plan to work with, ask about the experience and the workflow, request documents that will be executed with the agency, information about payment procedures etc. The more documents you have - the less risks can be involved".

3. “The Child carrying agreement, which is concluded between the intended parents and the surrogate mother, is one of the most important documents in the program. It must necessarily note down the rights and obligations of both parties, responsibility in case of violation of the contract, force majeure. It is better to entrust drafting of the contract to a professional lawyer with experience in the field of surrogacy, or to request an independent legal review if the contract is offered by the clinic or the agency”.

In Ukraine surrogacy is allowed at the legislative level, however there is no separate law that would regulate the use of assisted reproductive technologies and surrogacy, the rights and obligations of the participants in such programs. Therefore, I believe it is very important to adopt such a law.

Being a part of the UARM working group, I have prepared a corresponding law-in-draft. For the past several years, I have been constantly participating in the working groups of the Supreme Council of Ukraine, the Ministry of Health of Ukraine on legislative arrangements concerning the assisted reproductive technologies and surrogacy.

Testimonials

In surrogacy programs the interests of all participants of the process should be observed i.e. the intended parents, the surrogate mother the reproductive clinic.

The women entering the program as surrogate mothers are the least protected from the legal point of view. They do not always have the opportunity to seek advice from a lawyer. The legal platform ivf-law.com was created to ensure that every woman who plans to join or has already joined a surrogacy program can receive free legal advice.

If you require ant further information, feel free to leave your request in the form here