Legal Support for Surrogacy: Protection of Rights and Assistance at Every Stage
Surrogacy is an ethically and legally complex process that is becoming increasingly significant in the modern world. For infertile couples and individuals who cannot have children of their own, surrogacy becomes the last hope for creating a family. However, along with the task of ensuring joyful motherhood for prospective parents, there is a continuous need for legal support throughout this process.
Legislation Regulating Surrogacy in Ukraine
In Ukraine, surrogacy is legal, and laws provide legal protection for both biological parents and surrogate mothers. The legislation also sets requirements for surrogacy agreements, including the conditions of their execution and the rights and obligations of all parties involved.
The legal aspects of surrogacy in Ukraine are regulated by Article 123 of the Family Code of Ukraine (with amendments dated 22.12.2006, No. 524-V). According to this document, couples have the option to choose between gestational surrogacy, egg or sperm donation, special programs for embryo donation, or their combinations. Special permission from the regulating authority is not mandatory for these options. The main requirement is the presence of written informed consent from all parties, including intended parents and surrogate mothers participating in the surrogacy program, as well as the conclusion of relevant agreements to confirm all agreements.
The medical aspects of surrogacy are additionally regulated by Orders 24 and 771 of the Ministry of Health of Ukraine, which focus on procedures for artificial insemination and embryo implantation. It is noted that these procedures can only be performed in specialized medical institutions according to approved methodologies by the Ministry of Health of Ukraine. The orders also provide for the obligation to provide detailed information to couples seeking medical assistance, including details of medical procedures, results of surrogate mother examinations, and medicolegal aspects of possible consequences. It is important to note that obtaining informed consent from future and surrogate parents becomes a mandatory condition for participation in a surrogacy program.
Who Needs Legal Support in the Field of Reproductive Technologies
Legal support for reproductive medicine is necessary for various parties, including:
- clinics performing procedures for artificial insemination and surrogacy;
- intended parents;
- consultants.
The Role of a Lawyer in Surrogacy Matters
The role of a lawyer in surrogacy matters is indispensable and important for all parties involved in this process. What aspects fall within the competence of a legal expert:
- providing a detailed analysis of the legislation regulating surrogacy in a specific jurisdiction;
- consulting all parties on the legal aspects of the process and their rights and obligations;
- assisting in drafting, negotiating, and signing agreements between the surrogate mother and biological parents;
- ensuring proper interaction with medical institutions;
- resolving disputes and conflicts;
- protecting the rights and interests of children born through surrogacy;
- strict adherence to laws and ethical norms.
Surrogacy Agreement – What to Pay Attention to?
A properly drafted surrogacy agreement should:
- clearly define the rights and obligations of prospective parents, surrogate mothers, and any other participants in the process who may be identified;
- include provisions regarding financial compensation to the surrogate mother for her services, as well as determining who is responsible for medical and other expenses;
- take into account the medical aspects of surrogacy, such as medical procedures, medical insurance, and liability in case of complications;
- consider the legal consequences of surrogacy, including determination of parenthood, rights and obligations of parties after the birth of the child, and the possibility of contract cancellation;
- include provisions regarding the confidentiality and privacy of all participants in the process.
It is important to have professional legal support when drafting a surrogacy agreement to ensure that all aspects are properly considered and protected. Dextra Law, with its top lawyers on its team, provides expert assistance in drafting and analyzing surrogacy agreements, as well as legal consultation on all aspects of this field.
