The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.

When drawing up the contract of surrogacy, unpredictable circumstances that could potentially occur, regardless of actions of the participants of surrogacy, should be taken into account.

Terms and conditions of the contract of surrogacy

The following cases should also be regulated by the contract of surrogacy:

• the birth of several children by the surrogate mother;
• having a child with disabilities, which is not related to the behavior of surrogate mother during pregnancy;
• stillbirth or miscarriage occurrence;
• impossibility of pregnancy as a result of the full cycle of procedures in relation to the surrogate mother;
• consequences in case of unsuccessful procedures surrogate motherhood;
• the need for abortion according to the doctor`s medical report;
• divorce of genetic parents;
• death of one or both genetic parents.

The parties of the future treaty also choose institution where a medical examination, artificial insemination, medical assistance will be conducted (provided).

Because of the existence of such a large list of essential conditions that may affect the protection of the interests of future biological parents and provide them with additional guarantees, during the procedure of surrogacy, it is better to apply to qualified lawyers of «Aleksey Pukha and Partners», who will accompany you during the process of drawing up and signing the necessary documents between all parties.

The reasons for using surrogate motherhood

For the conducting the surrogacy certain conditions should be available. According to the
paragraph 6.1 section VI of the Order of the Ministry of Healthcare of Ukraine "On approval of the use of reproductive technologies in Ukraine" the necessary conditions for surrogacy are:

• availability of medical indications for the surrogacy;
• documents necessary for the surrogacy;
• consort (or one of the parents), in whose interest the surrogacy is conducted, must have a genetic connection with the child;
• surrogate mother should not have a direct genetic connection with the child.

Being surrogate mother for the parents, close relatives (mother, sister, cousin, etc.) is permitted.

According to i.6.2.of the Order indications for surrogacy are:

• absence of uterus (congenital or acquired);
• deformation cavity or cervix in congenital malformations or due to surgery, benign tumors, at which prevent pregnancy;
• structural and morphological or anatomical changes in the endometrium that leads to the loss of the receptivity, synechia of uterus that are not treatable;
• serious physical illness, in which the pregnancy threatens the future health or life of the recipient, but do not affect the health of a child;
• failed repeated attempts of assisted reproductive technology (4 or more times) during repeated obtaining high quality embryos, the transferring of which did not lead to pregnancy.

For the surrogacy, the surrogate mother must submit the following documents:

• the statement of the surrogate mother of the agreement on the surrogacy project;
• copy of surrogate mother`s passport;
• copy of marriage certificate or divorce of the surrogate mother (except for single women);
• copy of the birth certificate of the child (children);
• consent of the husband of the surrogate mother for her participation in the surrogacy according to the form (except for single women).

In turn consort, in whose interest the surrogacy is conducted, provide:

• statement of patient / patients about the use of reproductive technologies;
• copies of passports;
• copy of the marriage certificate;
• notarized copy of the written agreement of joint between surrogate mother and wife (husband) or consort.

The choice of medical institution

An important aspect of a successful outcome of surrogacy is to choose medical institution, in which the assisted reproductive technology program will be used. That`s why considerable attention should be given to the process of finding the medical institution. According to paragraph. 1.4. of the Order, assisted reproductive technologies should be used in health care institution, licensed to the implementation of economic activity in medical practice, with appropriate facilities and equipment used in this procedure.

For health care institutions that engaged in medical practice for more than two years, also requires accreditation certificate. Assisted reproductive technology procedures performed in health care institutions that have medical personnel according to the staff list approved in health care and medical equipment. Accordingly, after the selection of medical institution was made, between it and members of assisted reproductive technologies (couple and the surrogate mother) the treaty which provides medical services should be concluded.

Registration of a child from surrogate mother

After the birth, using surrogacy raises an important question - registration of child. Questions regarding registration of child are regulated by p.6.9. of the Order: in the case of giving birth by the woman, in whose body human embryo, conceived by the couple, as a result of assisted reproductive technologies was moved, state registration of birth of a child is made after the request of the couple, which gave consent to such transfer.

In this case, along with a document confirming that some woman gave birth to a child, the application of her agreement to record the couple as the parents of the child, the authenticity of the signature on the application must be notarized and a certificate of genetic relationship of parents (mother or father) with child. Furthermore, in the column «for marks" the birth record should be noted, "the mother of the child in accordance with the medical certificate of birth is a citizen (surname, proper name, father's name)" and shall include:

• the name of the institution that issued certificate
• date of issue and the number
• notary data (name and initials, county or notary public notary)
• the date and the number under which the authenticity of the signature certified women was registered in the application of her agreement to record the couple as the parents of the child.

If the biological parents - foreigners, they should contact the embassy (consulate) of the state to register the birth of a child, if it is provided by the law of their country. Then parents need to get a passport and / or visa for a newborn baby at the embassy (consulate) of the state.

Despite the ambiguous society`s attitude towards surrogacy, though the phenomenon is gaining significant popularity as a way of procreation and the remedy against infertility. Therefore, the need of a singular legislation is becoming more acute, because the certain aspects of surrogacy contract which are unregulated can lead to serious property or non-property losses. It is therefore appropriate is creation of comprehensive legal act on the regulation of social relations that arise in the application of assisted reproductive technologies.