Commercial surrogacy is not legal in the Netherlands but under certain conditions, there are exceptions when Intended Parents can get permit to arrange such fertility treatment. Intended Parents are free to make a private arrangement with someone they know and are allowed to reimburse surrogate mother for the cost of bearing the child. However, it is against the law to promote commercial surrogacy which is provided by the Criminal Code of the Netherlands. Under such regulations, Intended parents quite frequently tend to do surrogacy outside Netherlands and one of the most popular destinations is Ukraine. It is not just the country which combines comfortable location, high-level medical service, available variety of artificial reproductive technology and modern facilities but also the country with most surrogacy friendly legislation in the world. 

If you are considering surrogacy option in Ukraine you have to know the following facts:

  • to get surrogacy treatment in Ukraine, Intended parents have to confirm medical necessity of surrogacy either egg donation;
  • Intended Parents are presumed as officially married heterosexual couple;
  • gg or sperm donation can be used within surrogacy program but at least one of the parent has to have be genetic relation to the fetus;
  • Intended parents recognizing as lawful parents from the conception of the surrogacy and after the birth they obtain birth certificate where they are mentioned as only lawful parents; 

Surrogacy agreement has to be signed prior to the date of embryo transfer in front of the Notary Public. There are key requirements of the Ukrainian law which must be strictly followed. 

The post-birth process starts after the child is born in the result of the surrogacy. The parents will meet final legal stage that is connected with establishing of the fact of the surrogacy and State registration of the newborn child, afterward parents obtain state birth certificate where only they are mentioned as parents.

Thereupon parents have to start the process aimed to obtain citizenship for their child and get permission to enter the country of their residence. The effective post-birth legal process requires the cooperation of two lawyers which will represent best interests of the parents and their infant child as in the Ukraine as in the Netherlands. Specialists of Anastasia Herman law office are experienced within surrogacy related issues, and Dutch law process to ensure best and quickest outcome on behalf of child's interests and assist for effective obtaining of the travel document for board crossing.

Please contact our lawyers for advice on surrogacy.