Іnternational auxiliary reproductive technologies (ART) programs - practice of GARO & PARTNERS LAW FIRM GANNA GARO advocate, mediator, Managing Partner of “GARO & PARTNERS” LAW FIRM,  Chairman of Family law Committee of Association of Advocates of Ukraine, First Vice-President of the Association “All-Ukrainian Foundation of Companies on Organizational and Legal Provision of Assisted”.

Probably everyone will agree that the greatest value of any person is her/his family. However, many families around the world on the path to a healthy and happy family (which is undeniably hard to imagine without childish laughter) face infertility problems and the need to use different reproductive technologies offered by modern medicine in this area.  

For many couples, reproductive medicine is becoming a real salvation to the dream of giving birth to their own children. At the same time, the passing of medical programs ART often requires future parents not only significant physical and emotional efforts, but also the proper legalization of relations with the clinic of reproductive medicine, and in some cases with other participants in medical procedures, as is the case in surrogate maternity programs.

GARO & PARTNERS LAW FIRM provides legal services and legal assistance in the field of support of international auxiliary reproductive technologies (ART) programs: • counseling on issues related to the use of ART programs; • legal support during meetings and communication with participants of reproductive programs; • development and analysis of agreements between participants in auxiliary reproductive programs; • choosing the best way to legalize the rights of potential parents; • draft or review all legal documents in ART programs; • legal support for conducting DNA tests for the establishment (confirmation) of paternity; • assistance in solving problem situations in consulates, emigration service, law enforcement agencies; • pre-judicial settlement of conflict situations; • complex litigation and representation of clients in courts of all instances.

Surrogate motherhood and ART technologies have their supporters and critics, but we can clearly state one thing: with the help of reproductive technologies, the joy of paternity becomes a reality for those people for whom it is impossible to bear pregnancy and childbirth or complicated by medical indications.

Ukrainian Legislation: Surrogacy in Ukraine is officially regulated by Clause 123 of the Family Code of Ukraine. Under the article, if an ovum conceived by a [married couple] is implanted to another woman, the [married couple] shall be the parents of the child. The clause supports the surrogacy contract, while at the same time restricting the procedure only to married couples.

Registration of the baby is regulated by the Order 24 and Order 771 of the Health Ministry of Ukraine, which deals with medical procedure of artificial insemination and embryo implantation. The order declares that in cases has given birth to a baby conceived by another couple (i.e., a surrogacy arrangement) the registration of the child is made based on the surrogacy agreement signed by the Intended Parents and the written consent of the surrogate. The agreement is submitted alongside the medical document certifying that the surrogate gave birth to child of the Intended Parents, and this allows the Intended Parents to be registered as legal parents of the child. Meanwhile Order 24 of the Health Ministry of Ukrainee further regulates the details of surrogacy in Ukraine, giving guidelines that protect the surrogate and ensure a healthy outcome to the process. 

Prerequisites for surrogacy in Ukraine: 1. Medical indications for surrogacy method  2. Genetic link of at least one of the Intended Parents to the future child(ren) 3. Official marriage of the Intended Parents.

Surrogacy program in Ukraine includes: 1. Sign up a contract with legal firm. 2. Sign up a contract with fertility clinic. 3. Selection of the Egg Donor (if applicable) and the Surrogate Mother. 4. Conclusion of the Contract with the Surrogate Mother. 5. Medical procedures in fertility clinic. 6. Pregnancy and delivery. 7. Obtaining necessary documentation and travel back home.

Surrogates must be: The natural mother of at least one child. Mentally and physically capable of becoming a Surrogate Mother. Surrogate may have no relation to commissioning parents. The marital status of the surrogate is irrelevant.

With an extensive work of our highly qualified ART lawyers, our clients can be sure – their surrogacy agreement is in compliance with the laws and their parental authority is legally established. Our team will work with you to develop a customized surrogacy or other ART agreement that protects the health, privacy and legal rights of you and your family, your surrogate mother and your child. We guide you every step of the way—from conception to birth—negotiating tough issues such as your role during the pregnancy and birth, features of Ukrainian legislation in this area, circumstances under which embryo reduction or termination of the pregnancy may be considered, and the surrogate’s responsibilities to you and your child.

Our mission is to help our clients build, empower and protect their families through the ADR programs and effective legal protection.

Please contact us for further questions: http://garopartners.com Phone: +380 67 390 65 17, +380 99 482 82 54, +380 044 290 42 52 gannagaro@gmail.com