Dear intended and soon becoming parents!
Because of the spread of Internet rumors about the law adopted in the first reading in Ukraine prohibiting surrogacy motherhood, we consider it necessary to bring some clarity into the current situation.
Who benefits from such rumors?
First of all, those businessmen are from reproductive medicine, who for a number of reasons today do not have the opportunity to engage in their activities. I would like to note that the suspension of activities of some companies that provide services in the field of reproductive medicine is not due to innovations in the legislation, but to a banal dishonest attitude towards their work and violation of tax legislation.
What are the issues of reproductive medicine and surrogacy motherhood in particular in Ukraine?
The use of assisted reproductive technologies in Ukraine is regulated by the Civil Code of Ukraine (Article 281), the Family Code of Ukraine (Article 123), the Law of Ukraine "Fundamentals of Ukrainian Legislation on Health Protection" (Article 48) and the Rules of Registration of Civil Status Acts in Ukraine. In recent years, none of these articles of the above legislative acts have been amended or reviewed.
In early July 2018, the Verkhovna Rada of Ukraine actually adopted the Law "On Amending Certain Legislative Acts of Ukraine Concerning the Creation of Economic Preconditions for Enhancing the Protection of the Right of the Child to Proper Content." However, the law improves the mechanism for ensuring the constitutional right of children to an adequate standard of living and improving material security in cases where parents do not agree on how to take care of children and it is decided by the court. There is no relation to the use of assisted reproductive technologies in this law.
Why is it impossible to issue a law restricting the use of assisted reproductive technologies in relation to foreign citizens and stateless persons?
Ukraine is a democratic legal state. The main legal document of Ukraine is the Constitution. Let us turn to some articles of the Constitution of Ukraine:
Art. 3. A person, his/her life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value.
Human rights and freedoms and their guarantees determine the content and direction of the state's activities. The state is responsible to a person for his activities. The assertion and provision of human rights and freedoms is the main responsibility of the state.
Art. 8. The principle of the rule of law is recognized and in force in Ukraine.
The Constitution of Ukraine has the highest legal force. Laws and other normative-legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it.
Art. 26. Foreigners and stateless persons residing in Ukraine on legal grounds enjoy the same rights and freedoms as well as carry the same duties as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine.
Art. 64. The constitutional rights and freedoms of a person and a citizen cannot be restricted except in cases stipulated by the Constitution of Ukraine.
The rights and freedoms of the people are guaranteed by the visas and by the power of the powers. Confirmation and protection of human rights and freedoms is the head of the state.
- Foreign citizens and stateless persons enjoy the same rights as Ukrainian citizens;
- the right to have children is higher than laws, and the state is obliged to guarantee and provide it for both citizens of Ukraine and citizens of other states.
From all the above it follows that the norm prohibiting or restricting foreign citizens or stateless persons to use assisted reproductive technologies, in particular surrogacy and artificial conception methods, contradict our Constitution.
Kind Regard Advisor from Canadian Medical Care