Ukraine Surrogacy Law Explained: What International Parents Should Know About Surrogacy in Ukraine

Before choosing a country for surrogacy, intended parents ask one question first: is it legally safe? For surrogacy in Ukraine the answer is grounded in two documents: the Family Code of Ukraine and Ministry of Health Order No. 787. This guide explains what the law says, who qualifies, how the agreement and birth registration work, and what changes once you return home.

Is surrogacy legal in Ukraine?

Yes. Gestational surrogacy for married couples is permitted by Article 123 of the Family Code of Ukraine: when an embryo conceived by the spouses is transferred to another woman, the spouses are the parents of the child. The medical side is regulated by Ministry of Health Order No. 787 of 9 September 2013, which sets the procedure for assisted reproductive technologies, including the requirements for surrogate mothers and egg donors.

Key legal principles:

• The intended parents must be a legally married heterosexual couple.
• At least one spouse must have a genetic link to the child; donor eggs or donor sperm may be used for the other.
• There must be a medical indication confirmed by a physician.
• The surrogate mother has no parental rights, and her name does not appear on the birth certificate.
• The intended parents are recorded as the parents at the civil registry office; no court order and no adoption are required in Ukraine.

Who can take part in a surrogacy program in Ukraine

Intended parents must:

• Be legally married to each other (an apostilled marriage certificate is required).
• Provide a medical letter confirming infertility or the inability to carry a pregnancy: absence or abnormality of the uterus, repeated failed IVF cycles, recurrent pregnancy loss, or conditions that make pregnancy dangerous.
• Use their own genetic material from at least one spouse.

Single individuals and same-sex couples are not eligible under current Ukrainian legislation. Foreign citizenship or residency is not a barrier: international couples take part on the same terms as Ukrainian couples.

Surrogate mothers must:

• Be of legal age and have at least one healthy child of their own (a statutory requirement under Order No. 787).
• Pass medical and psychiatric screening; in Militta’s program candidates are 20–41 years old, Rh-positive, with a body mass index up to 28, no chronic diseases and no previous caesarean section.
• Provide a notarised consent, and the husband’s written consent if married.

The surrogacy agreement

Every program includes a written agreement between the intended parents and the surrogate mother, notarised before the embryo transfer. It covers the rights and duties of the parties, compensation and monthly payments, medical protocols, confidentiality, and what happens in unforeseen circumstances such as twins, caesarean delivery or termination for medical reasons. Militta works with partner lawyers in Kyiv who prepare the agreement in Ukrainian and English. See the cost page for the compensation the surrogate receives.

Birth registration

1. The maternity hospital issues a medical birth certificate.
2. The surrogate signs a notarised statement confirming the child was carried for the intended parents.
3. The civil registry office issues the birth certificate in the intended parents’ names, usually within a few days.
4. The certificate is apostilled and translated for your embassy.

What changes when you return home

Ukrainian law settles who the parents are in Ukraine. Your home country decides whether it recognises that status:

• United States: a passport is issued at the US Embassy in Kyiv after a DNA test confirms a genetic link to a US citizen parent.
• United Kingdom: the child receives a passport or emergency travel document; a Parental Order in a UK court is required after returning home.
• Australia: citizenship by descent and a passport; commercial surrogacy abroad is an offence for residents of some states, so legal advice at home is essential.
• EU countries: recognition varies; parentage is often established through the genetic father with subsequent recognition or adoption for the mother.

Militta prepares the Ukrainian documents each embassy requires and accompanies you to the appointment. Confirm recognition at home with a family lawyer before starting the program.

Is surrogacy in Ukraine safe in 2026?

The legal framework has not changed since 2022, and civil registry offices, maternity hospitals and embassies in Kyiv have continued to operate. Militta, the partner clinic “Lita” and the maternity hospitals are in Kyiv; intended parents enter the country overland from Poland because airspace remains closed. Read the detailed answer in Is surrogacy still possible in Ukraine in 2026?

Ethical safeguards

Surrogate mothers in Militta’s program are women who already have children and join voluntarily after screening. A responsible program includes psychiatric evaluation, informed consent, fair compensation set out in the agreement, accommodation from week 28 and a coordinator who supports the surrogate throughout the pregnancy.

Why legal clarity matters

Unclear legislation leads to custody disputes, delays in passport issuance and post-birth adoption proceedings. Ukraine’s advantage is predictability: the parents are defined by law, the agreement is enforceable, and the birth certificate is issued in your names. Combined with a licensed partner clinic and coordinated legal support, surrogacy in Ukraine remains a viable option for international families in 2026.

Have questions about eligibility? Book a free consultation; our coordinator and partner lawyers will review your documents and explain the procedure for your country.