Ukraine has become one of the “go to” places for Europeans looking to have a child through surrogacy. The main attraction is that surrogacy is legal in Ukraine, with legislation dating back to the Family Code of Ukraine of December 2002. In addition, the cost of Surrogacy in Ukraine is more affordable than other locations. However access is strictly limited to heterosexual married couples and excludes single and gay people.
Stricter regulation is being considered, including the possibility of restricting access to surrogacy services to Ukrainian nationals and foreigners who are resident in Ukraine. This is not the first time that restrictions on access to surrogacy services by non-nationals have been considered. Since 2012 various changes have been proposed but never made law.
According to reports from Ukraine there are four Bills proposing legislative changes before the Supreme Council of Ukraine. Our information is that these Bills are different in nature with some proposing to prohibit surrogacy for foreigners absolutely and others proposing restrictions on access to such services by foreigners.
It is not clear when any of these Bills will be considered by the Supreme Council. Accordingly, it is too early to say how the new laws might impact Irish people hoping to go to Ukraine for surrogacy.
As of September 2018 we understand that no changes are imminent. For anyone considering Ukraine as a destination for surrogacy, we strongly recommend that you would take independent legal advice in Ukraine before finalising any arrangements. You also need to take legal advice in Ireland.