Ukraine has one of the most intended-parent-friendly surrogacy legal frameworks in the world. Under Ukrainian law, the genetic (intended) parents are the legal parents of the child from the moment of birth. There is no court proceeding, no adoption step and no transfer of parentage. Both parents appear on the birth certificate directly.
This article explains the three instruments that make that possible in 2026.
1. Article 123 of the Family Code
Article 123(2) of the Family Code of Ukraine states that if a woman gives birth to a child conceived by the in-vitro embryo of a married couple, those spouses are the parents of the child. This is the single most important legal provision underpinning Ukrainian surrogacy: it is the statutory basis for listing intended parents on the birth certificate directly.
Two practical consequences:
- The surrogate is not the legal mother of the child at any point.
- There is no adoption procedure required for the intended parents.
2. Article 48 of the Fundamentals of Ukrainian Health Care Legislation
Article 48 authorises the use of assisted reproductive technology (ART) — including gestational surrogacy — as a medical procedure in Ukraine. It defines who may perform ART (licensed clinics only) and sets the general framework.
3. Order No. 787 of the Ministry of Health
Order No. 787 specifies the medical indications under which a woman may receive ART treatment, including surrogacy. It lists the conditions (absence of the uterus, uterine pathology, recurrent pregnancy loss and similar) that qualify as medical grounds.
Together, Article 123, Article 48 and Order No. 787 give a Ukrainian surrogacy program a clear, three-layer legal foundation:
- The Family Code identifies the parents.
- Health Care Legislation authorises the procedure.
- The Ministry of Health order defines when it may be used.
Who qualifies under Ukrainian law?
- Married heterosexual couples with a valid marriage certificate.
- A documented medical indication preventing the intended mother from safely carrying a pregnancy to term.
- At least one intended parent genetically related to the embryo (own eggs + own sperm, own eggs + donor sperm, or donor eggs + own sperm).
If your family situation falls outside these criteria — same-sex couples, single intended parents or couples using both donor egg and donor sperm — consider Colombia, Mexico or the USA.
The birth-certificate procedure
After delivery in Ukraine:
- The hospital issues a medical certificate of birth.
- The civil registry office (RAGS) issues the official Ukrainian birth certificate naming both intended parents. This typically happens within one week.
- Your attorney obtains an apostille on the birth certificate (about one additional week).
- You apply at your home-country embassy in Kyiv for the child's passport or travel document.
What the surrogate signs
Before any embryo transfer, the surrogate and the intended parents sign a notarised tri-party contract. The surrogate provides an irrevocable written consent acknowledging that she has no parental rights to the child. This consent is legally binding from the moment of signing and is not subject to later revocation.
Practical takeaways
- The Ukrainian framework is one of the clearest in the world for married heterosexual couples.
- No adoption is required — both intended parents are on the birth certificate directly.
- The process is tightly documented: hospital, RAGS, apostille, embassy.
- All of this is coordinated by the agency and local attorney on your behalf.
For a 2026 cost breakdown see our Ukraine cost guide, or go straight to the Surrogacy in Ukraine destination page.
Legal disclaimer: This article is informational and does not constitute legal advice. Ukrainian law is subject to change. Always consult an independent Ukrainian attorney before entering any surrogacy arrangement.