The legal nature of the use of programs to treat sterility and infertility with the use of assisted reproductive technologies (ART) in Ukraine is regulated by:
Family code of Ukraine Article 123, point 1-3
Determination of the origin of the child born under ART practices:
When a human embryo conceived by the spouses (male and female) is implanted into the body of another woman with the help of assisted reproduction techniques, the parents of the child are the spouses.
Article 48 of the Law of Ukraine "Principles of the legislation of Ukraine on the protection of health" referring to the conditions of realization of artificial insemination:
The use of artificial insemination and implantation of the embryo is carried out according to the terms and procedures established by the central executive authority, which guarantees the formation of the state policy in the field of public health.
Since the approval of the spouses has been written, due to medical indications for an adult woman, to whom such procedure is applied, the anonymity of the donor in compliance with medical confidentiality is guaranteed.
The Civil Code of Ukraine clearly defines the circle of persons that have the power to participate in ART programs.
In this way, article 281 determines that an adult woman or a man, have the right, in accordance with medical terms, to participate in health programs, where assisted reproduction technologies are used with respect to them, provided that the procedure is carried out according to the terms and the order established by the legislation
The procedure for the application of reproductive techniques is regulated by Order No. 771 dated December 23, 2008 by the Ministry of Public Health of Ukraine "On the approval of the procedure instruction for the use of assisted reproduction technologies". According to this document, the implementation of the ART programs is carried out exclusively in accredited health centers, and the patient has the right to freely choose a medical center.
This fully guarantees the confidential applianceto the program (medical confidentiality) in accordance with Article 40, Principles of the Ukrainian Legislation on Public Health.
Once the choice of the future surrogate pregnant woman has been made, it is necessary to correctly legalize the fact of this procedure.
The current legislation of Ukraine does not establish special requirements for the contract on surrogate pregnancy
Among the terms or points of the mentioned document the following could be named:
Terms of health care expenses for the surrogate mother compensation;
specification of clinics where in vitro fertilization and the birth of the baby will be developed;
the duty of a woman to comply with medical prescriptions, her place of residence during pregnancy;
the consequences of to the refusal of the surrogate mother to allow the registration of the child between the spouses as parents of the child, the conditions and the terms of payment of the artificial insemination services to the surrogate mother;
reasons for changing and rescinding the contract, responsibility of the parties, etc.
At the end of the planned 9-month gestation period, after the birth of the baby, the child can be registered.
Currently, in accordance with cl. 7.11.of the Order №. 771, the registration of the baby, for the birth of which ART technologies were used by the method of surrogate pregnancy, is carried out in accordance with the procedure established by the current legislation of Ukraine in case of existence of the certificate of the genetic relationship of the parents (mother or father) with the fetus (child).
The procedure for the state registration of the birth of a natural person and its origin are regulated by the Order of the Ministry of Justice of Ukraine "On the approval of the Rules for the registration of civil status in Ukraine"
In that case, where a woman, in whose organism a human embryo conceived by the spouses was implanted, gives birth to a child as a result of the use of technologies of assisted reproduction, the state registration of the birth is made at the request of the spouses who accepted that implant.
In this case, attached to the birth certificate of the baby certified by this woman, a declaration is presented, in which consent is given so that the spouses are registered as parents of the child, where the authenticity of the signatures must be notarized, as well as a certificate of the genetic authenticity of the parents (mother or father) in relation to the fetus.