Surrogacy in Ukraine, legality

Thousands of couples who are unable to have children rely on surrogacy, and the possibility of using the services of a surrogate mother is very important for these couples.

Surrogacy is a type of assisted reproductive technology (ART), in which a woman (the gestational carrier) voluntarily agrees to become pregnant in order to give birth to a child that corresponds biologically to other people, who would be the genetic or intended parents. The gestational carrier and the intended parents do not have any type of relationship between them.

Commercial surrogacy

Most countries in the world prohibit surrogacy, and therefore this practice is not possible in countries such as Spain, Italy or France, while in the Netherlands, Greece, Canada or Australia non-commercial or altruistic surrogacy is allowed. In countries such as Thailand or India, commercial surrogacy has also been banned in recent years.

Commercial surrogacy has been officially permitted in Ukraine since 1997, where there is explicit legislation on the subject,

Regulation and legislation in Ukraine

Surrogacy is recognized and permitted in Ukraine at the legislative level through Article 123 of the Family Code.

Ukraine has legislatively determined that spouses are recognized as parents of a child born to the surrogate mother. This provision protects the rights of the spouses and the child, minimizing the risks of abuse by the surrogate mother.

For example, in countries such as Russia, unlike in Ukraine, the surrogate mother has rights over the newborn child, which is why Russia is not recommended for surrogacy. In Russia, until the surrogate mother hands over the child, the intended parents will not be able to legitimize their family relationship with the child, which is not a problem in Ukraine.


For many families around the world, surrogacy is the last hope for the birth of a child and the happiness of parenthood. The fact that today Ukraine allows surrogacy programs, offers quality medical services at a reasonable price and has favorable legislation for birth parents, should become a driving force for further development of this area in our country.

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