Surrogacy legal documents in Ukraine

If you are considering surrogacy in Ukraine or you are already in the middle of the surrogacy process, you might be wondering about the surrogacy legal documents. Ukraine is a frequently chosen destination for couples who want to realize their dream of becoming a parent. The intended parents should also make sure they have all the necessary surrogacy legal documents.

What surrogacy legal documents the intended parents need?

In accordance with the current legislation in Ukraine, after the baby is born, the intended parents should register this fact with the authorized bodies of Ukraine (not later than one month from the moment of baby’s birth). The state registration of the baby’s birth is carried out by the authorized body in the region where the child is born. The main document for a newborn that parents will receive from the authorized bodies of Ukraine is a certificate of birth. It is also necessary to get the Extract from State Register of Civil Status of Citizens of Ukraine together with the certificate. The above mentioned certificate confirms the fact of the baby’s birth and their origin, because besides the surname, name, patronymic of the newborn and date of birth it also contains information about the child’s parents. If the child is born by a surrogate mother, the state registration is conducted under the application of a married couple who are the biological parents (provided the egg and sperm). Furthermore, the following documents have to be attached by the parents to the application:

1. a document confirming the child’s birth by a surrogate mother (medical certificate of birth in the approved form, issued by the hospital);
2. a statement of consent of the surrogate mother for the recording the married couple as parents of the newborn (the authenticity of the signature must be notarized);
3. a certificate of genetic affinity of parents/ mother or father/with a newborn;
4. passports of parents (with an official translation);
5. a copy of the intended parents’marriage certificate (legalized and translated).

The above mentioned list of documents is standard for registration of baby’s birth. At the same time, depending on circumstances of the birth, the list of required documents may be changed (e.g. if the child was born not in the medical care institution, parents have to file a Conclusion confirming the fact of the baby’s birth out of the medical care institution.) It is highly recommended for intended parents to make a notarized copy of the surrogate mother’s consent and keep it with you. Despite the direct prohibition for the surrogate mother to dispute maternity, stipulated by the current legislation of Ukraine, it is better to keep a notarized copy of such consent.

Surrogacy legal documents in Ukraine – important facts

The intended parents must pay special attention to the documents and permissions, which they receive in their country’s consulate or embassy in Ukraine before returning home with the newborn. It is recommended to consult lawyers and the consulate even before applying for a surrogacy program in Ukraine. It may happen that after the baby’s birth parents you may experience some difficulties during receiving such documents and permissions for the newborn. It is better to be well-prepared. Many Ukrainian agencies offer support to intended parents in the procedure of receiving surrogacy legal documents in Ukraine. However, all prospective parents need to remember that the agencies only provide paperwork assistance and cannot influence your embassy or consulate’s decision making process. Make sure you prepare everything in advance so your surrogacy experience results in you finally becoming a parent.  

The article has been prepared by Yulia Stusova, attorney of Skliarenko, Sydorenko and Partners, Attorneys at Law