Surrogacy Agreement – A Legal Guarantee of the Safety of the Procedure

For many couples and individuals, surrogacy is not only a medical solution but the final hope on the path to parenthood. When natural conception or self-carried pregnancy is medically impossible, a surrogacy program becomes a safe, structured, and legally protected option. One of the strongest advantages of choosing Ukraine as a surrogacy destination is the clear legal foundation that safeguards intended parents at every stage.

A well-drafted surrogacy agreement is the core legal instrument that outlines rights, obligations, responsibilities, and protections for both parties. It ensures transparency and guarantees that the future child legally and genetically belongs to the intended parents—not to the surrogate mother.

Under Ukrainian law, a surrogate mother fulfills a very specific function: she carries the pregnancy, but she is not considered the legal or biological parent of the child. From the moment the baby is born, the intended parents are recognized as the only legal parents. This rule remains one of the most important reasons why Ukraine is considered one of the safest countries in the world for surrogacy programs, especially for international families.

Legal Support of Surrogate Motherhood

Ukraine has established one of the most comprehensive and stable legal frameworks for assisted reproductive technologies (ART), including surrogacy. The procedure is regulated through:

• The Family Code of Ukraine;

• Civil Code norms;

• Ministry of Health orders and medical protocols;

• Legislation governing assisted reproductive technologies and parental rights.

These legal documents precisely define the roles of all parties involved in a surrogacy program and ensure that the intended parents’ rights are protected throughout the entire process. Importantly, Ukrainian law explicitly states that the surrogate mother has no parental rights over the child and cannot be listed as the mother on the birth certificate.

The legal system also establishes a clear process for signing agreements, approving medical procedures, managing finances, and registering the newborn. This clarity makes Ukraine one of the most attractive destinations for foreign patients seeking a reliable surrogacy program without fear of legal complications.

Surrogacy Agreement: Structure, Importance & Legal Force

A surrogacy agreement is a legally binding contract signed between the intended parents and the surrogate mother. It defines all aspects of cooperation during the pregnancy and ensures that every participant understands their role and responsibilities.

The key components of a properly drafted surrogacy agreement include:

1. Rights and Responsibilities of Each Party

This section thoroughly regulates:

• the surrogate mother’s obligation to follow all medical recommendations;

• the requirement to provide regular health updates during pregnancy;

• full responsibility of intended parents to cover medical and pregnancy-related expenses;

• communication procedures during the pregnancy;

• confidentiality and privacy standards;

• parental rights of the intended parents immediately after birth.

The agreement clarifies that the surrogate mother cannot claim parental rights to the child, nor can she change her mind after the birth. This legal certainty is a cornerstone of successful surrogacy programs in Ukraine.

2. Financial Terms

The financial section regulates all payments and reimbursements, including:

• compensation for the surrogate mother;

• coverage of medical care and treatments;

• reimbursement of medications, diagnostics, meals, and transportation;

• health insurance if required;

• additional payments agreed upon by the parties.

All financial transactions are documented and carried out strictly in accordance with the agreement, ensuring absolute transparency and preventing misunderstandings.

3. Post-Birth Obligations

This part of the agreement outlines:

• the process of handing the newborn to the intended parents;

• the surrogate mother’s legal confirmation that she has no rights to the child;

• obligations of intended parents to register the child;

• medical discharge procedures and support;

• responsibility for any breach of contract.

The contract serves as a legal safeguard that protects the interests of the intended parents from the first medical step to the final registration of the child.

Surrogacy Certificate

Once the baby is born, an essential legal procedure begins: the registration of the child. Ukrainian law ensures that intended parents receive the birth certificate without complications.

According to Article 123 of the Family Code of Ukraine, the parents of the child are the couple who used assisted reproductive technologies — not the surrogate mother. Therefore, the registration process requires the following documents:

1. A certificate from the maternity hospital, confirming the birth of the child.

2. A notarized declaration proving that the surrogate mother is not genetically related to the child.

3. A signed statement from the intended parents confirming their participation in the ART program.

4. Issuance of a birth certificate, listing the intended parents as the legal mother and father from the first day of the child’s life.

The surrogate mother is not mentioned in the birth certificate or any parental documents. She does not receive parental rights and bears no legal responsibility for the child after delivery.

Ukraine’s legal framework offers a high level of protection for intended parents, ensuring that the surrogacy process remains stable, transparent, and safe. This is one of the key reasons why families from the United States, the United Kingdom, Canada, Europe, and many other countries trust Ukraine as their main destination for surrogacy services.