Surrogacy in Ukraine

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This page provides an overview of the legal framework governing surrogacy in Ukraine, including the eligibility requirements for intended parents, the legal status of the surrogate mother, the determination of parentage and birth registration procedures.

The information reflects Ukrainian legislation in force as of November 2026 and is intended to help international intended parents understand the legal aspects of pursuing a surrogacy programme in Ukraine.

The following legislation applies:

  • The Family Code of Ukraine, adopted by Law of Ukraine No. 2947-III of 10.01.2002
  • Provisions of the Civil Code of Ukraine pertaining to contractual obligations
  • Law of Ukraine No. 2801-XII of 19.11.1992, “Fundamentals of Health Legislation of Ukraine”
  • “Instruction on Procedures for Assisted Reproductive Technologies”, adopted by Order of the Ministry of Health of Ukraine No. 787 of 09.09.2013
  • Law of Ukraine No. 2398/VI of 01.07.2010, “On Vital Statistics Registration”
  • “Rules for Vital Statistics Registration in Ukraine”, adopted by Order of the Ministry of Justice of Ukraine No. 52/5 of 18.10.2000
  • Law of Ukraine No. 2235-III of 18.01.2001, “On Citizenship of Ukraine”
  • Law of Ukraine No. 3773-VI of 22.09.2011, “On the Legal Status of Foreigners and Stateless Persons”

Article 123 of the Family Code of Ukraine, Part 2, provides: “If the embryo conceived by spouses using Assisted Reproductive Technology is transferred into the body of another woman, the spouses are parents of the child.”

Article 139 of the Family Code of Ukraine stipulates that a woman registered as the child’s mother may in general contest her maternal affiliation. However, contesting the maternal affiliation of the genetic mother by the gestational mother is expressly prohibited in Part 2 of that article.

Accordingly, under Ukrainian legislation the child is legally considered to be the child of the intended parents from the very moment of conception, and the surrogate mother cannot keep the child after the birth on any ground, nor be registered as the child’s mother.

Prerequisites for participation in a surrogacy programme

Medical indications. The Instruction on Procedures for Assisted Reproductive Technologies sets out the following medical indications confirming the eligibility of the intended parents for a surrogacy programme:

  • absence of a womb, whether inborn or acquired;
  • deformation of the cavity or cervix uteri making pregnancy and delivery impossible;
  • synechiae of the womb cavity;
  • severe somatic diseases making the duration of a pregnancy impossible;
  • multiple (more than four) implantation failures associated with the transfer of high-quality embryos.

Marriage of the intended parents. Under Ukrainian legislation, gestation of a child by a surrogate mother is only possible if the intended parents are officially married.

Genetic link. At least one of the intended parents must have a genetic link to the fetus.

Age of the intended parents. As of today, Ukrainian law does not set any age restrictions for patients who take part in fertility treatment programmes, including surrogacy. The question is debated among the members of the Ukrainian Association of Reproductive Medicine (UARM), whose position is that age limits are necessary. The Ministry of Health has suggested an age limit of 49 years, while UARM considers 51 years as an option.

Surrogacy contracts and what to check before signing

A surrogacy programme in Ukraine generally involves three separate contractual arrangements, each regulating a different aspect of the process.

Agreement with the surrogacy agency

This agreement covers organisational, coordination and related services provided by the agency. Before signing, it is important to understand exactly which services are included, the agency’s responsibilities, the payment schedule, refund conditions and the circumstances in which the agreement may be terminated.

Agreement with the fertility clinic

The agreement with the fertility clinic regulates the medical services provided, including IVF treatment, embryo transfer, medical examinations and pregnancy monitoring, as applicable. Particular attention should be paid to the scope of medical services, the clinic’s responsibilities, payment terms and the allocation of responsibility in the event of medical complications or unsuccessful treatment.

Surrogacy agreement with the surrogate mother

This is one of the most important legal documents in the programme. It establishes the rights and obligations of the intended parents and the surrogate mother, including medical arrangements, financial matters, compensation, pregnancy-related responsibilities and the legal procedures following the child’s birth.

It is also advisable for the surrogacy agreement to contain additional provisions regulating real-life emergencies, such as the birth of several children; the birth of a child with a deformity or with special needs unrelated to the performance by the surrogate of her duties; stillbirth or miscarriage; a pregnancy that does not occur as the result of a full cycle of medical procedures; a necessary abortion on medical indications; divorce of the genetic parents; and the death of one or both genetic parents.

Under Ukrainian law, the surrogacy agreement must be notarised.

Documents

To proceed with a surrogacy programme in Ukraine, the intended parents are required to provide the relevant supporting documents, including medical reports confirming the indications for surrogacy and a valid marriage certificate, as well as other documents required under Ukrainian legislation.

Foreign-issued documents must be duly apostilled or legalised, where applicable. You do not need to arrange translations into Ukrainian yourself: I organise the translation of the documents and make sure that they are properly prepared for use in Ukraine.

I also advise you on the specific documents required in your individual circumstances and guide you through preparing and submitting them.

After the birth: birth registration and exit from Ukraine

Birth registration

One of the significant features of a surrogacy programme in Ukraine is the legal procedure for registering the birth of a child. Unlike in some other countries, Ukrainian law provides for the intended parents to be registered as the child’s legal parents directly at the initial birth registration, without subsequent adoption proceedings in Ukraine, provided that all statutory requirements are met.

Pursuant to Article 123 of the Family Code of Ukraine and the Rules for State Registration of Civil Status Acts in Ukraine, where an embryo conceived by a married couple through assisted reproductive technologies is transferred to another woman, the intended parents are recognised as the child’s parents.

The birth registration is carried out by the Civil Registry Office (DRATS) upon the application of the married couple who consented to the embryo transfer. The following documents must be submitted:

  • the medical document confirming the birth of the child;
  • a notarised statement of consent from the surrogate mother to register the intended parents as the child’s parents;
  • a medical certificate confirming the genetic relationship between the intended parent or parents and the child.

Following the registration, both intended parents are entered in the child’s birth record as the legal parents, and their names appear on the Ukrainian birth certificate. Information identifying the woman who gave birth to the child is also included in the relevant remarks section of the birth record, in accordance with the prescribed registration procedure.

Under Article 123 of the Family Code of Ukraine, the intended parents are recognised as the legal parents of the child born through the surrogacy arrangement, subject to compliance with the statutory requirements.

Consequently, the surrogate mother does not acquire parental status in relation to the child merely by giving birth. Her husband, if she is married, is likewise not registered as the child’s father under this procedure.

Citizenship and travel documents

It is important to understand that a Ukrainian birth certificate, although it confirms the child’s birth and the intended parents’ registration as parents under Ukrainian law, is not itself a travel document and does not automatically establish the child’s right to enter the intended parents’ country of citizenship.

Under Article 7 of the Law of Ukraine “On Citizenship of Ukraine”, birth on Ukrainian territory does not by itself confer Ukrainian citizenship on a child born to foreign intended parents. A child born in Ukraine to foreign parents may acquire Ukrainian citizenship by birth in the circumstances specified by law, including where the parents permanently reside in Ukraine within the meaning of the legislation and the child does not acquire another nationality at birth.

In most international surrogacy cases, the intended parents must therefore arrange the child’s citizenship documentation and travel document through the diplomatic or consular authorities of their own country. The applicable procedure depends on the nationality of the intended parents, their marital status, the genetic or gestational relationship with the child, and the citizenship legislation of their home country.

Taking your baby home: the exit process from Ukraine

Obtaining the Ukrainian birth certificate is only the first stage of the international exit process. The intended parents must also complete the relevant consular procedures, obtain the baby’s passport or other appropriate travel document, and satisfy the entry requirements of their destination country.

These procedures differ considerably from one country to another. It is therefore essential to establish the applicable requirements before starting the surrogacy programme, rather than waiting until after the baby is born. The notes for individual countries are collected on the International clients page.

I assist intended parents with the preparation of Ukrainian documents, birth registration, translations and apostilles where required, and with coordinating the legal procedures necessary for the baby’s departure from Ukraine.

Back home

The legal steps required after returning home depend on the laws of your country. Some countries may recognise the intended parents’ legal parenthood established in Ukraine without requiring additional parentage proceedings; others require a separate court or administrative procedure. For example:

  • United States, Canada and Australia. In many cases the intended parents may be recognised as the child’s legal parents without further parentage proceedings. The applicable requirements depend on the relevant state, province or territory and on the circumstances of the case.
  • United Kingdom. Intended parents generally need to apply for a Parental Order to become the child’s legal parents under UK law. Adoption may be an alternative where the statutory requirements for a Parental Order cannot be met.
  • Ireland. A separate court process may be required to establish guardianship and parental rights under Irish law.
  • Germany. Depending on the circumstances, further legal steps may include adoption or proceedings concerning the recognition of a Ukrainian court decision.

These examples illustrate why it is essential to consider the law of your home country before beginning a surrogacy programme.

Recent changes

Despite various legislative initiatives and discussions concerning the regulation of assisted reproductive technologies and surrogacy in Ukraine, no fundamental changes have been introduced to the legal framework governing surrogacy in recent years. The principal legal provisions remain in force, and the established framework continues to apply to international surrogacy arrangements.

At the same time, certain regulatory provisions are particularly relevant to intended parents in the current circumstances.

Birth registration during martial law

Pursuant to Section II, Part 1, Clause 14 of the Rules for State Registration of Civil Status Acts, approved by Order No. 52/5 of the Ministry of Justice of Ukraine of 18 October 2000, during martial law in Ukraine the state registration of civil status acts may be carried out by any State Civil Registry Office in Ukraine, upon application by the interested parties, regardless of their place of residence or of the location of the relevant event (Order of the Ministry of Justice of Ukraine No. 606/5 of 26.02.2022).

This extraterritorial registration procedure is particularly important for intended parents, as it allows them to register their baby’s birth at any Civil Registry Office in Ukraine. It gives greater flexibility and avoids the need to travel to the place of birth amid wartime security risks.

I closely monitor legislative and regulatory developments, so that my clients receive up-to-date legal advice and their surrogacy arrangements comply with the applicable Ukrainian requirements.

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