Surrogacy in Ukraine – things to consider

Victoria Maxwell of Bishop Sewell, a specialist in international surrogacy, has urged intended parents in the UK to avoid entering into new surrogacy arrangements in Ukraine,

Russia’s invasion has had a devastating impact on the country’s commercial surrogacy sector, leaving many couples unable to complete their surrogacy arrangements.

In previous years, an estimated 2,000 to 2,500 children were born via surrogacy in Ukraine each year, with typically half those of a surrogacy arrangement in the United States.

Ukraine has a legal framework in place which recognises married heterosexual partners as the legal parents of children born via surrogacy, and also permits surrogacy arrangements in respect of foreign nationals. Prior to the Russian invasion, it was a popular surrogacy destination for couples from the UK thanks to its cost-effectiveness and because it’s one of the few countries where the intended parents are named on the child’s birth certificate.

However, Russia’s invasion has created a desperately sad situation, with many surrogates either stuck in the country or forced to relocate to neighbouring jurisdictions like Poland where surrogacy is not recognised or condoned.

Many of the clinics in Ukraine have either closed or been damaged by military action and it has become almost impossible to get documents witnessed and notarised by the relevant Ukrainian authorities. I have heard horror stories from clients of surrogates who have had to flee while pregnant with their families often losing contact with the agency and intended parents for some time resulting in a painstaking wait for news. When the war first broke out, I was hearing devastating reports of intended parents walking many miles to cross borders with their new-borns, and having to resort to sleeping outside in sub-zero temperatures.

What should be the happiest day of the intended parents’ lives had become a nightmare while they tried to flee to safety in an unfamiliar jurisdiction. Ukraine is a warzone and as such it is not currently a viable destination for surrogacy. I would urge any intended parents in the UK to consider other safe jurisdictions for surrogacy arrangements and to avoid Ukraine altogether.