Ukrainian Cabinet of Ministers introduces new draft law on reproductive technologies

The Cabinet of Ministers of Ukraine has introduced a draft law “On assisted reproductive technologies” (the “Draft Law”) which, once duly approved by Parliament, may become the first law directly regulating surrogacy procedures in Ukraine.

The Draft Law regulates principal issues related to using surrogacy procedures in Ukraine without creating new obstacles for prospective parents or clinics, as well as intermediaries which are involved in fertility treatment.

Married couples and single mothers with fertility conditions (including foreigners) will be eligible for fertility treatment, including using the services of surrogate mothers, in licensed Ukrainian clinics.

The Draft Law does not require separate licensing for clinics providing fertility treatment as well as for intermediaries in the sphere of fertility treatment.

Surrogacy contracts are also clearly regulated by the Draft Law. Such contracts should include key legal and medical terms of surrogacy, rights and obligations of a surrogate mother and genetic parents, including the surrogate’s obligation to hand over the child and parents’ respective obligation to take custody of the child within two hours of the birth, legal provisions in case of genetic parents’ divorce or death, and place of the surrogate’s residency during pregnancy. The surrogate mother shall comply with any medical advice during her pregnancy.

The parent, having genetic kinship with the child, shall take a DNA test immediately following the child’s birth.

The Draft Law provides that a surrogate mother shall deliver medical birth record and her notarised consent for genetic parents to be put on the child’s birth certificate as parents. This provision provides more legal certainty for parents to become legal parents of the baby.

The Draft Law provides specific obligations of intermediaries in the sphere of fertility treatment which, inter alia, include confidentiality of both parents and donors of genetic material.

It also contains a novel provision for donors’ right to consent for disclosure of their identity in case the child requires medical help due to genetic disease.

There is also an alternative draft law on assisted reproductive technologies introduced by a group of MPs. We can provide additional information upon request.