Legal support of surrogacy

Legal support of surrogacy
Surrogacy in Ukraine is permitted for foreigners and is regulated by the following legislation:
• Family Code of Ukraine

• Order of the Ministry of Health on approval of the Procedure for the use of assisted reproductive technologies in Ukraine No. 787 dated 09.09.2013  

Necessary conditions for surrogacy are:
- genetic parents should be in an officially registered marriage
- there are medical grounds for surrogacy
- the spouses (or one of the future parents) should have a genetic relation with the child
- the surrogate mother should not have a direct genetic relation with the child.

Conditions applicable to the surrogate mother:
- legally capable to act woman of majority age
- having own healthy child
- who submitted a voluntary written application in the prescribed form
- and has no medical contraindications.

 Helen Babich

Helen Babich - Attorney at Law, Law Office Director, specialist in medical and fertility law.

Over 20 years of general legal experience, since 2003 – in medical and fertility law.

One of the first lawyers in Ukraine, who started to provide legal guidance and advice through surrogacy process for Ukrainian and foreign couples.

Helen is a member of the working group created to develop a draft law of Ukraine "On Assisted Reproductive Technologies", author of articles on legal support of ART and surrogacy.

She is a permanent partner of the Ukrainian Association of Reproductive Medicine. Member of Ukrainian Bar Association, Ukrainian Advocates' Association, the Association of Private Medical Institutions of Ukraine, member and secretary of the Qualification Chamber of the Qualification and Disciplinary Bar Commission of Kyiv region.

Founder of legal events platform for healthcare professionals the Medical Legal Lab, in which she is a permanent speaker and organizer of the annual Legal Medical Forum.

Author and speaker of legal workshops for representatives of reproductive clinics of Ukraine.

Helen is regularly approached by Ukrainian and international media for comments on legal regulation of surrogacy, the activities of agencies which provide services related to the search for donors and the selection of surrogate mothers, comments on the issues related to disposal of cryopreserved reproductive cells and patients’ embryos.

Three years in a row (2017, 2018 and 2019) of the research «Client choice. TOP 100 Best Lawyers of Ukraine» notes Helen Babich among the leaders of the practice «medical law / pharmaceutics». The study is conducted by the Ukrainian journal «Yurydychna Hazeta».

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.

Legal services in surrogacy program are divided into 2 stages - before the program and after the birth of a child by a surrogate mother.

In surrogacy programs with the participation of foreigners it is extremely important to ensure the correctness of the documents, in particular, confirming the marriage of the spouses.

In order to avoid any issues, we advise foreigners to obtain legal opinion from a professional lawyer before entering into a surrogacy program. The lawyer will explain the documentation of the program and the existing particularities when obtaining travel documents for the child at the embassy of the country of residence.

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