ANSWERS TO KEY LEGAL ISSUES
Can a clinic refuse patients to conduct a surrogacy program?
The reproductive clinic has the right to refuse treatment by surrogacy in the following cases:
- if patients do not have medical indications for the use of this method;
- if the condition of being in an official marriage at the time of the start of treatment is not met.
If you need a donor egg or sperm - can you take the material from a friend ?
Donation of reproductive cells in accordance with the legislation of Ukraine is anonymous. A potential donor is selected according to the phenotypic portrait. Therefore, the legislation does not provide for the possibility of bringing a friend as a sperm donor.
However, a close relative may be an oocyte (egg) donor.
What documents need to be signed with the donor?
In accordance with the legislation, donation of reproductive cells is anonymous, therefore, the conclusion of an agreement with the donor or the signing of any other documents is not expected.
Is it possible to transfer embryos between clinics if clinics are located in different countries?
Yes, embryos can be transported both between reproductive clinics on the territory of Ukraine and to clinics located abroad.
Is it possible to prescribe a pregnancy guarantee in the contract?
It is almost impossible to guarantee the onset of pregnancy as a result of infertility treatment, because there are many factors on which a positive result depends. That is why the subject of the contract is the treatment for the purpose of pregnancy.

Some reproductive clinics offer guaranteed treatment programs, but you should carefully read such agreements, because most of them have certain conditions for such treatment.

Can a surrogate mother take the child for herself?
Ukrainian legislation does not provide a surrogate mother with the right to take the child for herself, because the parents of the child are from the very beginning a married couple whose embryo was used in the surrogate motherhood program.
Can parents not take the child if he was born sick? Should the surrogate mother take the child then?
If the parents refuse to take the child born in the surrogate motherhood program, the surrogate mother has the right (at will) to take such a child. Otherwise, the child will be transferred to the appropriate child care institution in accordance with the established procedure.
If parents divorce during pregnancy - what will happen to the child?
Such cases are not provided for by the current legislation of Ukraine. The development of events will depend on the specific situation.
If the parents get divorced during the surrogacy program, one of the parents will not be able to register the child with the registry office. So the further fate of the child will be determined exclusively in court.

Is it possible to insure a surrogate mother and will it really be possible to receive compensation?
Yes, a surrogate mother can be insured and reimbursed in the event of an insured event. The terms of such insurance and its cost must be discussed individually with the insurance company.
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Оlesya Sоlomina
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