Presentation on the annual Round Table, devoted to burning issues arising from implementation of Assisted Reproductive Technology “Special Aspects of Regulation and Problems of Surrogacy for Foreign Citizens in Ukraine” (15 Nov 2017, Kyiv, Ukraine)

1. Concerns of surrogacy within
the context of enforcement and
protection of rights of the
Commissioning Parents and
Newborns
Kyiv, 15 Nov 2017

2. Olga Danchenko
• Legal Vice-President Ukrainian
Foundation of Companies Providing
Organizational and Legal Support of
Assisted Reproductive Technologies
• Head of Section for Protection of
Family Members’ Legal Rights in
Healthcare Field at the Family Law
Committee of Ukrainian Advocates’
Association
• Attorney at Law, mediator
• Director of legal company
“UkrLegis– Family Law Practice”

3. Concerns of surrogacy in Ukrainian
reality:
Medical
Legal
Organizational
Others

4. Thorough preparation of
documentation for the beginning of
surrogacy program in Ukraine is a
clue for successful and expedient
birth registration of the baby in Vital
Statistics Office and getting travel
documents!

5. Recommended list of documents to commence
surrogacy process:
• Original medical letter proving indications for surrogacy
program with notarized translation into Ukrainian
• Copies of passports with notarized translation into Ukrainian
• Original Marriage Certificate with notarized translation into
Ukrainian
• Contract for medical services with fertility clinic and
medical consent forms for procedures on IVF treatment
• Contract with the Surrogate Mother
• Contract with lawyer / legal company highly
recommended

6. Medical concerns
Medical indications for surrogacy method
complying with “Instruction on Procedures
for Assisted Reproductive Technologies”,
adopted by the Order of the Ministry of
Health of Ukraine No. 787 of 09.09.2013,
should be confirmed

7. Legal concerns:
Status of marriage of the
Commissioning Parents
Accuracy in names spellings
Status of children born following
international surrogacy
arrangements (ISA)

8. Status of marriage of the Commissioning
Parents
Original Marriage Certificate of the Intended Parents,
duly apostilled in accordance to the provisions of
Convention of 5 October 1961 Abolishing the
Requirement of Legalisation for Foreign Public
Documents /or duly legalized (if the country is not a
member of Hague Convention 1961)

9. Accuracy in names spellings
In case all names on marriage certificate of the Intended Parents
and passports / other documentation do not 100%
coincide, additional documentation is required by the Notary
and further in Vital Statistics Office to prove identity of the
patient:
e.g. change of maiden name upon marriage for a woman, which
is not mentioned in marriage certificate
e.g. middle names not mentioned in marriage certificate or
passport
e.g. different spelling etc.

10. Status of children born following ISA
Framework in the country of origin of the
Commissioning Parents:
 Permissive
 Restrictive
 Total prohibition of surrogacy
 Extraterritorial prohibition of surrogacy
 No specific private international law rules on
parentage in the context of surrogacy

11. Organizational concerns
 Age of the Commissioning Parents
 Proof of genetic link between the
Commissioning Parents and the Newborn(s)
 Getting travel documents for the newborn
 Length of stay in Ukraine and visa issues

12. Proof of genetic link
“Certificate on genetic link between the parents and
the fetus”
versus
DNA test
(if and where to perform ?)

13. General principles for getting travel documents
 Recognition of birth certificate, issued in Ukrainian Vital Statistics
(Standard “birth abroad” registration) – 2-4 weeks
 Special procedure for “surrogacy birth registration” set forth by
competent bodies of the country of residence of the Commissioning
Parents, incl. but not limited to:
a. foreign voluntary acknowledgements of legal parentage (3-6 weeks)
b. establishment of genetic link to the Commissioning Parent(s) via
DNA-testing (2-4 weeks)
c. obtaining an order from a court or other authority (up to several
months)
 Foreign judicial decision etc. (time lines not limited)

14. Any information from diplomatic
missions of foreign countries in Ukraine
on requirements for issuing travel
documents for the baby, born as a result
of surrogacy method, is highly
appreciated!

15. Length of stay in Ukraine and visa issues
The Law of Ukraine No. 3773-VI of 22.09.2011 "On Legal Status of
Foreigners and Stateless Persons“
The length of stay of foreigners who are citizens of the countries
with the visa procedure of entry is limited by the term of the visa.
Citizens of states with a visa-free regime of entry may temporarily
stay on the territory of Ukraine no more than 90 days within 180 days,
unless another term is specified by international agreements of Ukraine.
In case there is a need to “overstay” in Ukraine until baby’s travel
documents are issued or specific medical reasons, foreigners lawfully
residing in the territory of Ukraine may receive extension for the period
of their stay (under legitimate reasons).

16. Other concerns
 Psychological screening and police background
check of the Commissioning Parents and the
Surrogate
 Special circumstances of the Commissioning
Parents: divorce, death of one or both of them
 Transportation and storage of biological material of
the Commissioning Parents
etc.

17. Conclusion: Safeguards and minimum standards for protection of
rights of the Commissioning Parents, the Surrogate and the
Newborn:
• appropriate information and education for all Parties
involved with regard to the legal, medical, psychological
and organizational issues;
• check of eligibility of the Commissioning Parents and the
Surrogate;
• medical safeguards – strict following standards for ART
procedures
• proper documenting of surrogacy cases and securing the
child’s legal status post-delivery.
OPTIONS GOING FORWARD!

18. For any other issues or concerns please feel free to
contact us at:
info@ukrlegis.com
+38 044 383 91 21
+ 38 (050) 76 555 78

19. Thank you very much for
Your attention!