It is understood that draft legislation has recently been introduced into the Ukrainian parliament, which if passed, would prevent foreign nationals from undergoing surrogacy in the Ukraine. The draft legislation is believed to have been introduced in response to recently publicized cases involving foreign intended parents who have experienced serious problems obtaining travel papers to enable them to take their surrogate born babies out of the Ukraine and return to their homeland. The legislation is currently understood to remain in draft format.
In the absence of express legislation regulating surrogacy, the legal landscape in the Ukraine is perceived as “surrogacy friendly”. However, the legal position is complex and some foreign nationals and their surrogate born babies have unwittingly found themselves embroiled in difficult international legal battles. Different jurisdictions adopt different approaches to surrogacy, with some banning it altogether and others allowing it on a restricted and regulated basis (as is the case in the UK). This creates a legal minefield which can leave surrogate born babies stranded abroad without legal status or citizenship and without the means to travel home with their intended parents.
Expert legal advice is therefore essential from the outset in what remains an evolving area of law.