In our country surrogacy is allowed by law, and it is known as one of the methods of assisted reproductive technologies. This procedure is quite expensive, in addition, it is difficult to cross moral limits, however, it is worth knowing what surrogacy in Ukraine is.
FOR WHOM SURROGACY IS APPROPRIATE?
In order to obtain the legal right to such a way of having a baby, there are should be some conditions. First of all, it is a complete inability to carry a child on your own. This happens if:
- for some reason the uterus was removed,
- the woman suffers from illness, which can be complicated during pregnancy and can endanger her life;
- in the presence of diseases such as Asherman’s syndrome (intrauterine adhesions not amenable to treatment),
- if behind 4 or more failed attempts to get pregnant using other methods of ART (insemination, IVF)
WHO CAN NOT USE THE SERVICES OF A GESTATIONAL COURIER?
There are not a lot of restrictions to this method of having a baby – according to our legislation people who are not married officially can’t use surrogacy. It does not matter if it is a woman or man. If we talk about same-sex relationships in our country, such marriage is not permitted, therefore, usage of the surrogacy for such couples is not allowed.
In 2012, the Parliament submitted a law limiting the age of the Intended mother to take care after own child, carried by a surrogate mother. It was proposed to allow this method only till the age of 51 years. However, the law was never signed, so there are no age restrictions.
LEGAL SIDE OF THE QUESTION
After you have collected all the documents, selected the woman who will become the gestational courier, a Three Party Agreement should be obviously signed. The document must be legally correct, signed between three parties – the future Biological parents of the child, they are also customers, the future Surrogate mother and Medical establishment that will perform the procedure. It is important to examine the text of the Agreement, as it will have big volume of the text, it is better to show it to the competent lawyer, because there is no particular form of the document , and in each case it is prepared arbitrarily.
WHAT IS THE PROCEDURE?
There are a number of conditions spelled out in the law – the surrogate mother should have no genetic link with the embryo. In the uterus of a woman who agrees to carry someone else’s child, created from the egg of the mother and fertilized with sperm of the husband. If for any reason the sex cells of the parents can’t be used, they can can use donor . However, biological connection with at least one of the parents is obligatory.
A surrogate can be an adult capable woman who has at least one healthy child and has no medical contraindications.
By the way, the baby can be carried by a woman who is a close relative of the parents – the mother, sister, etc.
The procedure is quite long, because, first of all, you need to synchronize the cycles of the donor and a future surrogate mother. Then under general or local anesthesia oocyte retrieval and egg cells fertilization outside the woman’s body will be done . Using the methods of IVF, the fertilized egg implants in the uterus of a woman who will cary the baby.
Further relationships between biological parents and the surrogate mother are subject to the terms of the contract and just human relations.
WHO OWNS THE BABY?
After the baby is born, when all the conditions prescribed by the law of Ukraine, the baby is de jure and de facto is the child of parents-donors, it is mentioned at the Family code of Ukraine, article 123, paragraph 2 : “In the case of transfer into the body of another woman of a human embryo conceived by the spouses as the result of assisted reproductive technology, the child’s parents is a married couple”
Surrogacy in Ukraine is regulated by such laws:
Family Code of Ukraine – Article 123
Law of Ukraine “Fundamentals of Legislation of Ukraine on Health Protection”,Article 48
Instruction on the use of assisted reproductive technology, approved by order of the Ministry of Health from 23 December 2008 р. № 771.
Surely, You will have much more questions according the surrogacy program in Ukraine. Center for Human Reproduction “VittoriaVita” will be glad to answer all Your question and give You our helping hand on Your way of becoming parents.