Due to health issues, some women are incapable of carrying a child to term. Others experience infertility, which prevents them from getting pregnant. Many women have underlying medical or genetic conditions that make pregnancy risky or simply impossible. With surrogacy, a child can be biologically related to one or both intended parents, unlike with adoption, which is a great opportunity for some couples to have their own biological child even when they can’t have it in a convenient way.
What is surrogacy, and why do peoplechoose this medical process?
In a surrogacy agreement, a woman conceives and gives birth to a child on behalf of another couple by having an embryo with their genetic material implanted in her uterus lining.
Couples opt for surrogacy as a means to expand their families when they can’t conceive due to infertility or can’t carry to term due to medical issues.
Traditional vs. gestational surrogacy
There are two types of surrogacy:
- With traditional surrogacy, the intended father’s or donor’s sperm is artificially implanted into the surrogate mother. The surrogate mother supplies the eggs, and the child will share her genetic makeup. Because of the genetic connection between the surrogate and the child, this kind of surrogacy is illegal in Ukraine.
- Surrogacy during pregnancy. In this procedure, the intended mother’s eggs are fertilized with the donor’s or her husband’s sperm. Because local laws require that the child must be biologically related to the parents or at least one of them, donor sperm cannot be used in this situation if the intended mother has issues with her eggs. Instead, an egg donor is used, and the intended father’s sperm should be used to fertilize the eggs.
Contrary to traditional surrogacy, gestational surrogacy is completely legal in Ukraine, but only for legally married couples.
Finding a surrogate mother in Ukraine
It’s worth mentioning that not every woman can be a surrogate mother. Only physically and mentally healthy women over the age of 21 can become one. Moreover, they have to have at least one healthy child of their own to qualify.
If a woman meets these criteria, the next step is an interview with an agency. At this stage, the agency explains the surrogacy process, the rights and responsibilities of each party, and the compensation a surrogate mother is entitled to for her services.
Once the surrogate mother is chosen by the couple and agrees to work with them, both parties work with their legal representatives to draw up a surrogacy agreement. This document explains rights, responsibilities, and the surrogacy program itself both for the intended parents and the surrogate.
When the contract is reviewed and signed, the surrogate mother starts her medical preparation for the procedure. This includes many lab tests as well as consultations with health professionals. Once the test results come back indicating that the surrogate is ready, she starts to receive hormonal therapy to prepare her uterus lining for further embryo implantation.
Once the embryo is ready for transfer, it gets implanted in the uterus. The therapy continues until the pregnancy is confirmed as developing at 12 weeks of gestational age. After that, the surrogate receives all the prenatal care she is entitled to, being under the control of doctors of the IVF clinic she works with.
Psychological screening of surrogate mother in Ukraine
Psychological screening is a crucial step in the surrogacy process to ensure that the surrogate mother is emotionally prepared for the journey. This evaluation helps assess her mental health, motivation, and ability to handle the emotional and ethical aspects of surrogacy.
1. Mental Health Assessment
- Screening for mental health disorders (e.g., depression, anxiety, schizophrenia).
- Evaluating past or current substance abuse or addiction issues.
- Assessing history of trauma, PTSD, or emotional instability.
2. Motivation and Intentions
- Understanding why she wants to become a surrogate (financial reasons, altruism, personal experience).
- Ensuring she fully comprehends the commitment and responsibilities involved.
- Checking for external pressure from family, spouse, or financial hardship.
3. Emotional Stability and Coping Skills
- Assessing her ability to handle emotional attachment to the baby.
- Evaluating how she copes with stress, pregnancy complications, and potential loss.
- Determining whether she has a strong support system (family, friends, or partner).
4. Family and Relationship Stability
- Ensuring her spouse/partner (if applicable) supports the decision.
- Evaluating how surrogacy may impact her own children and family dynamics.
- Checking for any history of domestic violence or relationship instability.
5. Understanding of Surrogacy Process
- Confirming she understands the medical procedures involved (IVF, pregnancy, birth).
- Assessing her knowledge of legal and ethical responsibilities.
- Ensuring she is aware that she has no parental rights over the child.
6. Willingness to Follow Medical and Legal Guidelines
- Checking her commitment to attending all medical appointments.
- Ensuring she will follow a healthy lifestyle (no smoking, drinking, or drug use).
- Verifying her understanding of contractual obligations and legal restrictions.
7. Postpartum Emotional Well-being
- Assessing her emotional preparedness for handing over the baby.
- Planning for postpartum psychological support if needed.
- Ensuring she has access to counseling or mental health resources.
A thorough psychological evaluation helps ensure that the surrogate mother is mentally and emotionally capable of handling the challenges of surrogacy. This screening protects both the surrogate and the intended parents, ensuring a smoother and more ethical surrogacy journey.
Legal Contract Necessary: Is surrogacy legal in Ukraine?
Gestational surrogacy is legal in Ukraine for officially married heterosexual couples as an infertility treatment. Moreover, the law declares that the intended parents can establish their parental rights just a few days after the child is born ‒ the birth certificate will list them as legal parents.
As for citizenship, a child born to a foreign couple via a surrogacy program inherits their citizenship and requires a visa or passport to depart from Ukraine with their parents.
Future of Surrogacy in Ukraine
Despite being a favorable destination for surrogacy, Ukrainian laws and policies may change over time. The country’s legal framework currently supports gestational surrogacy for married heterosexual couples, but discussions about potential regulations and restrictions continue. Future legal amendments may impact the rights of intended parents, surrogate mothers, and even the availability of surrogacy services for international couples.
Global trends also influence surrogacy policies, and Ukraine’s government may introduce stricter regulations to prevent unethical practices, ensure surrogate mothers’ rights are protected, and enhance oversight of fertility clinics. Additionally, international scrutiny and diplomatic considerations may lead to changes in how foreign couples access surrogacy programs in Ukraine.
For intended parents, it is crucial to stay informed about legislative developments and consult legal experts specializing in reproductive law. Working with reputable surrogacy agencies and experienced legal professionals ensures compliance with current regulations and minimizes risks throughout the process.
