Legal system in Ukraine

Ukraine is one of the few countries in the world where the use of the majority of reproductive technologies, in particular surrogate motherhood and donation, is completely legal. In this regard, Ukrainian lawmakers were much more progressive than most of their European counterparts.

The legal aspects of the application of infertility treatment programs with the use of assisted reproductive technologies in Ukraine are regulated by:

The Family Code of Ukraine - Article 123, item 1-3 (as amended by Law No. 524-V of 22.12.2006) regulates the definition of the origin of the child born as a result of ART:

Article 123 of the Family Code of Ukraine

In the case of the birth of a child by a child, conceived as a result of ART, carried out at the written consent of her husband, and he is recorded by the father of the child.

In the case of transferring into the body of another female embryo of a man conceived by spouses (male and female) as a result of ART, the parents of the child are the spouses.

Spouses are recognized as the parents of the child born by the wife after transferring into her organism the embryo of the person conceived by her husband and another woman as a result of ART.

Article 48 of the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Health Protection" (as amended on February 12, 2008, No. 121-VI, specifies the conditions for carrying out artificial insemination:

Article 48: Artificial insemination and embryo implantation

The use of artificial insemination and implantation of the embryo is carried out according to the conditions and procedure established by the Ministry of Health of Ukraine on the medical grounds of the adult woman with respect to whom such an action is carried out, subject to the written consent of the spouses, ensuring the donor`s anonymity and preserving medical secrecy.

The order of the child`s registration is regulated by the Order of the Ministry of Justice of Ukraine No. 140/5 of 18.11.2003 "On Amendments and Additions to the Rules of Registration of Civil Status Acts in Ukraine":

2.2. In the case of the birth of a child by a woman who was implanted with the embryo conceived by the spouses, the birth registration is carried out at the request of the spouses who agreed to the implantation.

In this case, simultaneously with the document that confirms the fact of the birth of the child by this woman, her written consent is given for the recording of the spouses by the child`s parents, witnessed by the notary. In the column "For marks", the corresponding entry is made: "The mother of the child according to the medical certificate of birth of Form No. 103 / o-95 (z0266-95) is a citizen (last name, first name, patronymic)".

The Civil Code of Ukraine (as amended on January 21, 2010 No. 1822-VI) defines the circle of persons who have the right to participate in ART programs:

Article 281: An adult woman or man has the right, under medical conditions, to carry out therapeutic programs of assisted reproductive technologies concerning them in accordance with the procedure and conditions established by law.

Order of the Ministry of Health of Ukraine No. 787 of September 9, 2013 "On Approving the Procedure for the Use of Assistive Reproductive Technologies" regulates the procedure for the application of reproductive techniques.

According to paragraph 1.4 of Order No. 787, ART programs are carried out exclusively in accredited health facilities.

Paragraph 1.5 of Order No. 787 grants patients the right to freely choose medical institutions for ART.

Also, point 1.8 of Order No. 787 specifies that ART is applied for medical reasons on the basis of written consent by patients written in voluntary consent and using the Patient / Patient Statement on the use of ART (there is a form approved by the Ministry of Health of Ukraine).

Paragraph 1.7 of Order No. 787 specifies that an adult woman and / or a man is entitled, on medical grounds, to have ART treatment programs for them.

In accordance with paragraph 14 of the normative act, medical assistance on ART procedures is provided in conditions of confidentiality in accordance with Article 40 of the Fundamentals of Ukrainian Health Legislation.

According to paragraph 5.1 of Order No. 787, the donation of gametes or embryos is a procedure in which donors, by written, voluntary consent, provide their gametes (sperm, oocytes), or embryos for use by others in the treatment of infertility.

Implantation of the embryo is carried out according to the medical indications of the adult woman with whom such an action is performed, subject to the written consent of the patients, ensuring the donor`s anonymity and preserving medical secrecy.

In accordance with paragraph 5.5. Order No. 787 donors of oocytes can be:

  • the female;
  • close relatives;
  • anonymous voluntary donors;

Patients of ART programs who, by written, voluntary consent, provide the recipient with part of their oocytes.

Order No. 787 specifies specific requirements for donors of oocytes (item 5.5.), In particular:

  • there may be women between the ages of 18 and 36;
  • the birth of a healthy child;
  • absence of negative phenotypic manifestations;
  • satisfactory physical health;
  • absence of contraindications for participation in the donation program of oocytes;
  • absence of hereditary diseases;
  • absence of bad habits: drug addiction, alcoholism, substance abuse.

This order also determined the list of necessary documents for donation of oocytes (paragraph 5.9.):

  • informed consent for oocyte donation;
  • oocyte donor questionnaire;
  • personal card donor oocytes.

In Ukraine, a full-fledged capable woman may be a surrogate mother provided she has her own healthy child, her written, voluntary consent, and also in the absence of medical contraindications (clause 6.4 of Order No. 787).

If the parents of the child born to a surrogate mother are foreign nationals, they must inform the temporary residence address before the documents are issued and the country leaves for the implementation of patronage by specialists from pediatrics and observation (paragraph 6.8. Of Order No. 787).

Currently, according to clause 6.9. Order No. 787 registration of a child born with the help of ART by the surrogate motherhood method is carried out in accordance with the procedure established by the current legislation of Ukraine in the presence of a certificate of the genetic relationship of the parents (mother or father) with the fetus (child).