Costs and Legal Aspects of Surrogacy in the Ukraine
Business and Law Opinion

Costs and Legal Aspects of Surrogacy in the Ukraine

Searching for surrogacy within the US can be an exhaustive and expensive process. Many US couples have opted to look outside of our fine nations borders for better options concerning the surrogacy process. The Ukraine has recently become one of the choice places to look at for surrogate motherhood. Because of the explicit laws, excellent healthcare, ease of travel, and low associated expense, more and more couples that are having difficulty conceiving a family have been looking to and for surrogacy programs in the Ukraine.

The following is a comprehensive guide to the costs and legal aspects associated with surrogacy in the Ukraine. The Ukraine is also one of the few European countries that allow for surrogacy, or have laws that describe it specifically, as some nations limit or ban surrogacy.

The Laws Concerning Intended Parents

Laws in the Ukraine specify that in order to be considered an applicant for utilizing surrogate motherhood, the intended parents must meet all of the following conditions:

  • You must be a heterosexual, married couple
    • Be prepared to supply a marriage certificate that has been notarized, apostilled, and translated.
  • Ideally, both parties will supply genetic material, but at minimum one intended parent must supply genetic material. 
    • If you do plan on applying for donor material, understand that such material must come from a donor that is separate from the potential surrogate mother.
  • There must be a documented, medical cause that is preventing the intended mother from becoming pregnant, or successfully carrying a child to full term. 
    • Prepare to have these medical document with you and the possibility of needing them translated and notarized
    • If you already have children, you are no longer eligible for surrogacy in the Ukraine.

The Laws Concerning Surrogate Mothers

Laws concerning surrogate mothers in the Ukraine weight entirely in the favor of the intended parents. Another of the standout reasons as to why the Ukraine has become so popular for surrogacy.

  • Upon implantation of genetic material, the child belongs officially and lawfully to the intended parents
    • The moment IVF is performed, the intended parents are treated as biological parents of the child. At no point will the surrogate be mentioned on the birth certificate.
  • It is important to note here, that in the Ukraine’s history of surrogacy, there has not been a single reported case of a disputed custody claim arising over a surrogate parenting arrangement.
  • Even couples requiring the assistance of donor eggs/sperm are covered by Ukrainian law
    • Much the same as if both parents supply genetic material, if the intended parents use donated eggs/sperms, the second implantation via IVF occurs, the intended parents are given full rights and responsibilities and are recognized as biological parents.

Agreements

Various agreements and contracts must be signed and discussed between multiple parties and agencies when performing any IVF/surrogacy procedure with in the Ukraine. If you have chosen to go through a surrogacy agency, many of these will be addressed and drawn up by the employed agency. If you are seeking a surrogate independently, the minimum agreements that are required are as follows:

  • Surrogate Mother’s health status
    • Any pre-existing or possible conditions of which the surrogate mother should observe
  • Medical institution where the procedure will be preformed
    • Both the IVF facility, any pre-natal care facilities, and the birthing facility should be agreed upon and noted
    • What types of medical evaluations and procedures will be required throughout the pregnancy
    • Terms and conditions of medical observation throughout the pregnancy
    • Disclosure agreements allowing the intended parents access to the surrogate mother’s medical information
  • Surrogate mother’s remuneration
    • Fees that the surrogate mother requires for her explicit service
    • Additional expenses
    • Housing, medical care, and living costs should all be negotiated and noted explicitly
  • Timing of payments
    • When and how all parties should be expected to exchange any payments or services
  • Act of delivery
    • If the intended parents require any specific birthing plan, it is best discussed and noted in the initial agreement
    • Whether or not the intended parents choose to be present during the birth
  • Procedure of child transfer and registration
    • Any applicable force majeure provisions, such as: delivery of a handicapped child, multiple delivery/selective reduction, delivery of a dead child, delivery resulting in complications to the surrogate mother’s health or mortality
  • Confidentiality or non-disclosure provisions
    • What, if any, information will be disclosed to the child or others at the time of birth or in the future.

Again, these are the absolute bare minimum suggested requirements to be involved in a surrogacy contract. It is absolutely encouraged that the intended parents seek out either a reputable surrogacy agency, or personal legal council that specializes in surrogate law.

Generalized Assessment of Costs

Cost analysis of any surrogacy program varies greatly depending on a multitude of different factors. In this section, we have divided up the general costs of basic procedures and expected tasks. This is not a comprehensive or exact overview, but more of a guideline of what to expect for costs associated solely concerning surrogacy Ukraine, and their estimated costs in other countries.

  • Agency Fee
    • Ukraine: $5,000
    • U.S.: $6,000
    • Canada: $5,000
  • Surrogate Search
    • Ukraine: $1,000
    • U.S.: $15,500
    • Canada: $10,000
  • Surrogate’s Compensation
    • Ukraine: $16,000
    • U.S.: $30,000
    • Canada: $20,000
  • Legal Fees
    • Ukraine: $1,000
    • U.S.: $9,500
    • Canada: $8,500
  • Clinic’s Fee
    • Ukraine: $7,000
    • U.S.: $8,200
    • Canada: $7,500
  • Prenatal Care
    • Ukraine: $6,000
    • U.S.: $6,2000
    • Canada: $5,300
  • Delivery
    • Ukraine: $2,500
    • U.S.: $6,000
    • Canada: $5,500
  • Total costs of Fees Described
    • Ukraine: $38,500
    • U.S.: $81,400
    • Canada: $61,800

Other costs and fees that should be considered circumstantially are:

  • Costs of necessary donor materials
  • Number of IVF attempts
  • Expenses incurred not otherwise discussed
  • Passports and other legal documentation and administrative fees
  • DNA testing fees for the purpose of legal documentation and custody
  • Airfare and other travel associated costs
  • Fertility assessments for the intended parents and viability of supplied genetic material
  • Need for possible extraneous surrogacy consultations
  • Gender selection

Another aspect of finance to be considered, is the costs associated with visiting the country that you plan to employ your surrogate mother from. Cultural and environmental situations can have a large impact on the decision for many intended parents. Understanding the environment that both the surrogate and the as yet unborn child will be in can offer reassurance and confidence in the pregnancy, even if the intentional parents opt not to be directly involved throughout the gestational process. Although prices associated with surrogacy can seem overwhelming and even restrictive at first, many agencies offer a variety of financial and payment plans.

Having the chance to have a family of your own is something that is difficult to put a price tag on, but ensuring that you shop around, ask questions, and don’t settle on anything that is less than a perfect fit for your family is worth every single penny. It’s almost guaranteed that there will be a surrogacy plan that is right for you and your family! With enough determination, your future family is waiting for you.