Surrogate motherhood in Ukraine: who can use the service and what legal risks exist

Ukraine remains one of the few countries where commercial surrogacy is permitted. However, the lack of a specific law that would comprehensively regulate this area creates legal risks for future parents, surrogate mothers, and medical institutions.

Who is eligible for surrogacy in Ukraine

The legal basis for surrogacy is determined by the Family Code of Ukraine and the Order of the Ministry of Health No. 787, which regulates the use of assisted reproductive technologies.

According to current legislation, a couple — a man and a woman — can use the surrogacy program if they have appropriate medical indications.

In particular, the reasons may be the absence of a uterus, serious illnesses, or repeated unsuccessful attempts at in vitro fertilization.

Only gestational surrogacy is permitted in Ukraine. This means that a woman carries an embryo to which she has no genetic connection. At the same time, at least one of the future parents must be genetically related to the child.

Who are considered the parents of the child

According to Part Two of Article 123 of the Family Code of Ukraine, in the event of the transfer of an embryo conceived by a spouse using assisted reproductive technologies to a surrogate mother, the spouses themselves are recognized as the parents of the child.

The surrogate mother does not acquire parental rights to the child, and the spouses do not need to go through the adoption procedure.

If the surrogate mother is married, her husband’s consent is required to participate in the program.

How many children are born through surrogacy

According to the latest published data from the Ministry of Justice, during 2015–2019, surrogate mothers in Ukraine gave birth to 4,631 children.

Of these, 4,279 children had foreign fathers.

In 2019 alone, 1,499 children were born within the framework of such programs.

According to media estimates provided in the analytical material, during martial law, the number of such births decreased to approximately 600–800 per year.

At the same time, there are no regular official statistics on surrogacy in Ukraine.

What legal risks exist

EVERLEGAL experts draw attention to several problems of legal regulation.

Lack of a special law. Ukrainian legislation does not establish exhaustive requirements for surrogacy agreements, therefore the rights and obligations of the participants largely depend on the content of the concluded agreement.

Unforeseen life circumstances. The legislation does not contain a detailed mechanism for action in the event of a divorce of future parents, death of one of the spouses, pregnancy complications or the birth of a child with developmental disabilities.

Recognition of paternity abroad. For foreign citizens, a Ukrainian birth certificate may not be enough to register the child’s citizenship and documents in their country.

Lawyers emphasize that these issues must be resolved before the program begins.

What to check before concluding a contract

Future parents are recommended to pay attention to the following issues in advance:

The availability of a license at a medical institution and its reputation.
Legal registration of the genetic connection with the child.
Marital status of the surrogate mother and necessary consents.
Terms of the contract, in particular, the financial obligations of the parties.
Procedure for actions in case of pregnancy complications, divorce or death of one of the parents.
The procedure for registering the birth and registering the child’s documents.
Conditions for storing embryos during martial law.

For foreign couples, it is especially important to check the legislation of the country of citizenship in advance, since the rules for recognizing paternity and acquiring citizenship by a child may differ significantly.

Why Ukraine remains popular for surrogacy

Among the advantages of the Ukrainian model, experts call the legislative recognition of paternity of the spouses, the possibility of paying remuneration to the surrogate mother, and a developed system of reproductive medicine.

According to data provided by lawyers, in 2023, more than 33 thousand cycles of assisted reproductive technologies, including surrogacy programs, were started in Ukraine.

At the same time, experts emphasize: legal training is no less important than the medical component of the program.

That is why future parents are recommended to obtain legal advice before choosing a clinic and signing a contract in order to minimize the risks associated with paternity, citizenship, and protection of the child’s rights.