Legislation - Happy Parents


Surrogacy is an assisted reproductive technology (ART) in which a woman (surrogate) carries and gives birth to a child for the expectant parents/parent. This technology is only allowed in some countries and it is strictly regulated by those countries laws

Surrogacy laws in Ukraine and Belarus are the safest for parents.

In Belarus and Ukraine, the laws which regulate assisted reproductive technologies, as well as surrogacy, are the most protective of the genetic parents’ rights. In these countries, the surrogate mother has no rights to the child she has carried and given birth to. So, the surrogacy agreement should prescribe the condition that the surrogate mother shall give the child immediately after the birth.

In other countries (for instance, in Russia), the law does not oblige the surrogate mother to hand over the child to the parents, and there have been many cases when the surrogate mother has decided to keep the child. So, as per Section 4 of Section 51 of the RF Family Code, the couple will be considered the child real parents only if the surrogate mother gives her consent.

Surrogate’s health control before signing the contract.

You are fully protected from the risk that the surrogate mother may take the child it is provided by law.

When your child’s birth certificate is drawn up, you will be the only person listed under “mother and father”

We agree with the embassy on the birth for the foreign couple.

Ukrainian legislation

Any adult legally capable woman who has her child may become a surrogate mother provided there are no medical contraindications. Also, the spouse’s consent is required in the marriage case.

There is no special legislation for this niche in Ukraine. Only the resolution of the Ministry of Health states that the right to commercial ART is available in Ukraine, but the surrogate mothers’ rights are not regulated. The legislation includes restrictions on a minimum number for both Ukrainians and foreign nationals.

The family law main provisions in this area are:

  • 1. Article 123, paragraph 2, of the Ukrainian Family Code.
  • 2. Paragraph 7 of Article 281 of the Civil Code of Ukraine.
  • 3. Cabinet of Ministers Order no.787.
  • Legislation nevertheless sets out certain prohibitions:

  • – Possibility for a genetic mother to bear and give birth to a child without ART intervention;
  • – Gender-based surrogacy;
  • – A surrogate mother incompatibility under medical conditions;
  • – Unmarried couples participation in the programme.
  • Belarusian legislation

    Belarus has a decent legal regulation in the ART field, which is regulated by the following legal acts:
    – The Civil Code;
    – The Marriage and Family Code of the Republic of Belarus;
    – The Marriage and Family Code; – Law No. 341-3 on ART;
    – Decision of the Council of Ministers No. 1454 On the work organisation with citizens in the bodies that register civil status acts when issuing certificates or other documents containing legal significance facts proof;
    – Decision No. 54 of the Ministry of Health on certain issues related to the assisted reproductive technologies used;
    – Decision of the Constitutional Court No. P-673 On the Republic of Belarus Constitution Compliance with the Law of the Republic of Belarus on Assisted Reproductive Technologies;

    In the territory of the Republic of Belarus surrogate motherhood is allowed for:

    1. Heterosexual married couples with relevant medical indications for using ART;
    2. a single woman who is unable to bear and give birth to a child for medical reasons. But the single parent must have a genetic link with the child born by surrogacy means.

    Belarusian legislation has many requirements for surrogate mothers – they should be exclusively married women aged 20-35 without any medical contraindications, who has their child, is not suspected or accused in a criminal case, has not been convicted for a grave or especially grave crime against a person, has not been deprived by a court of parental rights and is not restricted in them.

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