According to Ukrainian authorities only heterosexual couples who are married officially can implement their surrogacy programs in Ukraine. Cohabiting couples of different sexes who are not married, civil partnerships, single women, single men and homosexual couples CAN NOT implement a surrogacy program in a legal way in Ukraine.
Surrogacy programs – including commercial surrogacy and surrogacy in combination with egg/sperm donation – are absolutely legal on the territory of Ukraine.
Surrogacy is officially regulated by Clause 123 of the Family Code of Ukraine and Order 24 of the Health Ministry of Ukraine (Reg. 04.02.97). You can choose between Gestational Surrogacy, Egg/sperm Donation, special Embryo adoption programs and their combinations. The prospective surrogate should be 20 – 40 years old. She must be mentally and somatically healthy and have at least one healthy child of her own. Surrogate may have no relation to commissioning parents. A written informed consent of all parties (intended parents and surrogate) participating in the surrogacy program is mandatory. The marital status of the surrogate is irrelevant.
Ukrainian law allows intended parents to engage in a surrogacy program and their names will be mentioned on the Birth certificate of the child born as a result of surrogacy. The surrogate can’t keep the child after the birth. Even if a donation program took place and there is no biological relation between the child and intended parents, their names will be on Birth certificate (Clause 3 of article 123 of the Family Code of Ukraine).