How Successful Is Surrogacy in Ukraine and How Is It Regulated by the Agreement?

Today, there is a great demand for surrogacy services in Ukraine. It is caused primarily by the high level of infertility among Ukrainians. Thus, according to state statistics, in 2020 there were 38,998 cases of female infertility (77.67% of all cases of female and male infertility) and 11,210 cases of male infertility (22.32%, respectively).

The experts of the best surrogacy agency World Center of Baby mention that the market of perfect surrogacy services in Ukraine is in great demand among foreigners. It is explained, on the one hand, by the low cost of surrogacy services in Ukraine compared to other countries where surrogacy is legalized, and on the other – a large number of countries, in which it is impossible to use the services of a surrogate mother due to the direct prohibition of the law.

Specificity of the Agreement on the Best Surrogacy Ukraine

According to the World Center of Baby, the agreement on gestational surrogacy in Ukraine belongs to the agreements on the provision of services, and therefore the norms of Chapter 63 of the Civil Code of Ukraine “Services. General Provisions” (Articles 901-907) apply to it. According to Art. 901 of the Civil Code of Ukraine, the parties to the contract for the provision of services, and hence the contract for surrogacy, are the customer and the service provider. Part 2 of Art. 123 of the IC of Ukraine states that in case of transfer to another woman of a human embryo conceived by customers as a result of the use of assisted reproductive technologies, the child’s parents are customers (spouses, single women and men, gay men, etc.). Thus, the parties to the gestational surrogacy agreement are the customers of the surrogacy service and the surrogate mother who is the service provider.

The professionals of the best surrogacy agency in Ukraine World Center of Baby indicate that the contract clearly states:

• The subject of the agreement, conditions of payment of financial assistance to the surrogate mother, place of residence of the surrogate mother during pregnancy;
• The medical clinic where fertilization will take place;
• Rights and obligations of the parties, in particular:
  • transfer of the child after birth to its biological parents;
  • the obligation to follow the recommendations of doctors regarding nutrition, elimination of bad habits, conditions of confidentiality, etc.;
  • the obligation not to terminate the pregnancy, etc.;
  • the obligation of the biological parents to adopt the child, to pay the surrogate mother the expenses related to the birth of the child, etc.;
  • the right of the surrogate mother to reimbursement of personal and household cost expenses related to the pregnancy, etc.

The contract also states force majeure circumstances, i.e. those that the parties cannot influence during the implementation of the terms of the agreement. 

Talking about the cost of surrogacy in Ukraine, administrators of the forum of the best surrogacy agency World Center of Baby indicate that it ranges between 40-50 thousand dollars. The price is determined by the terms of the contract between the two parties.