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Surrogacy Agreement

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Surrogacy Agreement

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  1. Surrogacy Agreement

  2. Surrogacy agreements can be regarded as legitimate only if the rights of all three parties – couple, gestational mother and child – are respected. The Ukrainian law does not expressly stipulate that surrogacy agreement is essential and obligatory element in surrogacy relations. However, since Ukrainian legislation is not very specific in this field, surrogacy agreement is almost the only legal document, which regulates said relations as fully as it is necessary. While the provisions of the Family Code mentioned above have already legalized commercial surrogacy, our legislator has not passed laws and resolutions to regulate all legal aspects of surrogacy yet. Therefore, today, we have the provisions in force, which allow commercial surrogacy and we do not have any provision in the Family Code stipulating the gestational surrogacy agreement, its legal effects and the procedure of concluding, amending, and termination. According to the Article 9 of the Civil Code of Ukraine, the provisions of the Civil Code are applicable also to family relations, which are not regulated by other legal acts. The Article 6 of the Civil Code stipulates that parties have a right to enter into agreement, which is not provided by laws and regulations, but is in compliance with the general principle of civil law. Therefore, when drafting surrogacy agreement we should consult the Chapter 52 of the Civil Code stipulating the general provisions on agreement.

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