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Surrogacy Insights


In light of the ongoing conflict in Ukraine, the landscape of surrogacy in the country remains uncertain, with concerns surrounding safety and stability.


Our thoughts are with the Ukrainian people during this challenging time.


Surrogacy in Ukraine operates within a legal framework, as outlined in Clause 123 of the Family Code, providing clear regulations for the practice.  Compensation is permissible, but careful attention is required to ensure it is not construed as payment for the child.


Intended mothers must demonstrate their inability to carry a pregnancy, and only married, heterosexual couples are eligible for surrogacy arrangements.  The surrogacy contract must be notarized before conception, with the names of the intended parents appearing on the original birth certificate.


Surrogates are legally obligated to relinquish the child, and refusal is not an option.


Before the Russian invasion, Ukraine held the position as the world’s second-largest destination for surrogacy, highlighting its significance in the global surrogacy landscape.  


Future Legal Developments


April 2023 

Draft law 6475-D, dated April 2023, proposes several significant changes. If passed, it will prohibit foreigners from entering surrogacy arrangements with Ukrainian surrogates during the war and for three years thereafter.  Additionally, the draft law includes provisions allowing both heterosexual and same-sex couples to participate in surrogacy.  As of May 2024, this proposed bill has not yet been voted into law.



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