Surrogacy in Ukraine is legal and regulated by law. This page explains how it works in practice in Militta programs: who is eligible, which documents the parents and the surrogate mother sign, how the child is registered, what foreign parents do next and who is responsible. Legal support is provided by the agency's specialized partner lawyers; at their request we do not publish their names.
What the program is based on
Family Code of Ukraine, Article 123
If an embryo conceived by a married couple through assisted reproductive technology is transferred to another woman, the spouses are the parents of the child. This is the rule that lets the intended parents be recorded as parents immediately, without adoption.
Order of the Ministry of Health of Ukraine No. 787 of 9 Sept 2013
The procedure for the use of assisted reproductive technologies in Ukraine: medical indications for surrogacy, requirements for the surrogate mother and the egg donor, mandatory screening.
Rules for state registration of civil status acts
Define how a child born by a surrogate mother is registered: on the basis of the spouses' application, the surrogate mother's notarized consent and a medical document confirming genetic kinship.
Notarized agreement
The rights, obligations, payments and liability of the parties are set out in an agreement between the intended parents and the surrogate mother, certified by a notary. A separate agreement with the agency covers the organization of the program.
Who is eligible for a program in Ukraine
- A married couple: a man and a woman in a registered marriage. For foreigners the marriage certificate is legalized (apostille or consular legalization) and translated.
- Medical indications: absence of the uterus, diseases or deformation of the uterine cavity, several failed IVF attempts, conditions in which pregnancy is dangerous for the woman's life. The indications are confirmed by a doctor of the partner clinic.
- A genetic link between the child and at least one of the parents; donor eggs are used where medically indicated.
If your situation does not meet these conditions (an unmarried couple, a single parent), tell us at the consultation: we will explain honestly whether a program is possible and in which country.
Documents signed by the parties
Intended parents
- Passports and marriage certificate (for foreigners, legalized and with a notarized translation).
- Medical reports confirming the indications for surrogacy.
- An agreement with the agency for the organization and coordination of the program: stages, payments, guarantees, refund terms.
- A notarized agreement with the surrogate mother.
- Informed consents for medical procedures at the partner clinic.
- After the birth: an application to the civil registry office and documents for the birth certificate.
Surrogate mother
- Passport, tax ID, birth certificates of her own children.
- Notarized consent of her husband if she is married.
- Medical reports and informed consents of the partner clinic.
- A notarized agreement with the intended parents: terms of participation, payments, housing from week 28, medical provision, compensation for twins or a caesarean section.
- After the birth: notarized consent to record the intended parents as the child's parents.
How each party is protected
Parents
Recorded as parents immediately after the birth by law, without adoption. Fixed price and payment stages in the contract. All medical decisions are made by doctors of the licensed partner clinic, and the surrogate's medical regimen is monitored by the agency together with the clinic.
Surrogate mother
A notarized agreement with transparent payments and deadlines. All screening, medication, unplanned treatment and hospitalization are paid for by the program. A personal coordinator 24/7 and confidentiality.
Child
Pregnancy care and delivery in a state maternity hospital in Kyiv; in case of premature labor, a facility with a neonatal intensive care unit. The costs of neonatal care are borne by the intended parents, as the contract provides.
Registering the child and travel documents
- After the delivery the maternity hospital issues a medical birth document. The surrogate mother signs a notarized consent, the parents apply to the civil registry office and receive a birth certificate naming them as the parents. No adoption is required.
- Foreign parents then legalize the documents at their embassy or consulate in order to travel home with the child: obtaining the child's passport or travel document and, if the consulate requires it, a DNA test. Militta prepares the document package and translations, and the partner lawyers accompany the process.
- Every country has its own rules for recognizing parenthood after surrogacy. Militta has hands-on experience with children's documents in Ukraine and with programs in Georgia; regarding the requirements of your own country we also recommend consulting a lawyer at home.
What "guarantee" means in the contract
In guaranteed programs Militta undertakes to carry out the program until a child is born: repeated embryo transfers are included in the price. In basic programs repeated attempts are paid separately. Refund and non-refund terms are governed by the contract and depend on the stage at which the program is stopped. See the program costs page.
Confidentiality
The agency does not disclose information about parents, surrogate mothers or donors to third parties. Neither relatives nor employers learn about the program from the agency. Personal and medical data are processed only to the extent necessary to carry out the program.
Frequently asked legal questions
Is surrogacy legal in Ukraine?
Yes. It is expressly provided for by the Family Code of Ukraine (Article 123) and regulated by the procedure for assisted reproductive technologies approved by the Ministry of Health of Ukraine.
Can the surrogate mother keep the baby?
No. By law the parents of the child are the spouses whose embryo was transferred. The surrogate mother has no parental rights and signs a notarized consent to record the intended parents.
Is adoption required?
No. The intended parents are recorded on the birth certificate directly.
Can an unmarried couple or a single person use the program?
In Ukraine the program is available to married couples (a man and a woman in a registered marriage) with medical indications. Other situations are discussed individually at the consultation.
Who prepares the contracts?
The agency's specialized partner lawyers. They join at the notarized-agreement stage and handle the child's documents. At the lawyers' request their names are not published.
What do foreign parents need after the birth?
A birth certificate with their names, the medical and legal document package, then legalization at their embassy to travel with the child. Militta helps with translations and preparing the package.
The information on this page is general, reflects the practice of Militta programs as of October 2026 and does not replace legal advice for your specific situation.
Have a legal question about your situation?
Send a request and we will answer it at the consultation together with our partner lawyers. The consultation is free and confidential.
Book a consultation
