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Surrogate maternity - international experience and implementation in Ukraine

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Surrogate maternity - international experience and implementation in Ukraine 10.02.2016 13:57

Continued existence of human race, as an apogee of the relationship between a man and a woman is expressed in motherhood, which not only enriches, but also complements and harmonizes relationship between women and men. Birth of a child giveslong-awaited joy and is marked with common renewal, new stage of life and pleasant cares. What could be better than children's laughter and smiles!

Unfortunately, not all married couples can experience the joy of motherhood, and in such casessuccor reproductive medicine. The word «surrogate» has usually negative associations, but we must not forget that this word also has the meaning of «to replace partially». It is the sense which is used when talking about a woman who agrees to gestation and birth of a child who is not biologically her full blood. This process is called surrogacy, and the woman bearing a child - surrogate mother.

In Ukraine surrogacy is allowed bylaw, as well as in other countries such as Russia, Belarus, Georgia, Kazakhstan, in many states of the USA, but is banned in Germany, Sweden, Italy and France. There are countries in which human reproduction is forbidden, but is allowed in vitro fertilization under certain conditions, such as the presence of certificate of sterility. These countries include Italy. Citizens of Italymay also use surrogacy services, but only outside their country.

Lawyers of «APC» have a successful experience in management of affairs on surrogacy. Experts can give advice, draw up necessary documentation and fully support the case.

International practice of surrogate maternity

In Germany surrogacy is fully prohibited and is considered a crime, since according to German law, mother of a child is considered to be a woman, who delivers a child, not the one whose cells have been used for the birth. Gravity and intransigence in this matter confirms criminal responsibility of persons taking an intermediary or directly involved in the implementation of surrogate maternity program.

A special place for the implementation of surrogate maternityprogram is considered to be India. Due to favorable legislation, many childless couples prefer India as a place where they can realize their dream.

Why do some countries prohibit reproductive technologies and their use? Why in Belgium, Spain, Greece and Finland, in vitro fertilization and surrogacy is not fixed at the state level, although it is used? Answers to these questions lie in the perception of the fact of birth and emergence of a new life in an unusual form in terms of morality, religious norms and possible impact of this process on biological parents, surrogate mother, and, ultimately, on the child.

Services provided for surrogate mothers, designed to circumvent such problems as infertility, anomalies and defects in the development of reproductive system of a woman, as well as many other diseases and contraindications for pregnancy and childbirth. Taking such an important decision as the use of reproductive technology, you need to take very careful and intelligentapproach to legal support of the event.

Legal company «APC» provides comprehensive information support and legal backing in the implementation of surrogate maternityprogram in accordance with regulations and legislation of Ukraine; this is consulting, contracting, verification of documents, permits, licenses and supplementsto them, statements of compliance to Ukrainian laws, preparation of applications, consents and much more.

Surrogacy in Ukraine

For those wishing to complete the program of surrogate maternity in Ukraine, it is necessary to fill in questionnaires, statements of commitment, conclude an agreement between the organization which is accompanying the program of surrogate maternity and parents, between biological parents and surrogate mother, and consent to implement in vitro fertilization program.

Surrogate maternity – is a way of human being reproduction, in which surrogate mother passes in vitro fertilization procedure (IVF), bears and gives birth to a child, with whom she is not genetically linked.

Surrogate maternity in Ukraine is governed by the following laws and regulations:

  1. Family Code of Ukraine;
  2. «Guidelines on the application of assisted reproductive technologies», approved by the order of the Ministry of Health of Ukraine No. 77 from 22.12.2008;
  3. Ukrainian law «Law on citizenship in Ukraine» No. 2235-III from 18.01.2001;
  4. «Rules of state registration of civil statusacts» No. 52 / 5 of 18.10.2000;
  5. Ukrainian law «On state registration of acts of civil status» No. 2398 / VI from 01.07.2010;
  6. «Rules for foreigners and stateless persons entry in Ukraine their exit from Ukraine and transit through the territoryof Ukraine», approved by the Resolution of the Cabinet of Ministers of Ukraine No.1074 from 29.12.1995.

Legal issues in the matter of surrogacyare very extensive and require additional consultations with specialists. «APC» will help you secure against possible legal risks in the issue of reproductive technologies implementation.

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