Adoption or Surrogacy Program: Legal Aspects

Written by - Reviewed by Consumer Health Digest Team

Published: May 6, 2019 | Last Updated: Aug 3, 2019

Surrogacy and adoption can help people to create a family, but it is essential to be aware of differences when deciding which option is best for your family.
Child Adoption
Comparison between Adoption and Surrogacy. shutterstock.com

Very often couples are faced with a serious dilemma – to adopt a child or use the services of a surrogate mother. Let’s review the legislative framework of Ukraine to consider which option is more appropriate for people who want to find parental happiness.

Adoption

Who can Become an Adopter (basic provisions)?

In Ukraine, as established by article 211 of the Family Code the persons, who can act as adopters are:

  • adult persons with legal capacity (not younger than 21 years old);
  • persons who are older than the adopted child for at least 15 years;
  • spouses, one of the spouses with the consent of the second one to the adoption, as well as single persons.

Foreign citizens can initiate the procedure of adoption of a child in Ukraine only in case if they are legally married[1]. Same-sex marriage is not recognized in Ukraine. The exceptions are cases when the adopter(s) of the child is/are his/her relative.

Who has the Preferential Right to Adopt a Child?

Sometimes it is difficult to adopt a child. There are cases when several people simultaneously expressed a desire to adopt the same child. In such a situation, Article 213 of the Family Code comes into effect, according to which the priority right to adopt a child has:

  • citizens of Ukraine;
  • married persons (spouses);
  • family in which the child is raised;
  • the husband of the mother of the child or the new wife of the father of a child;
  • relatives of the child (regardless of where they live);
  • persons adopting several children who are brothers or sisters.

Who can not Adopt a Child, What are the Restrictions?

Happy Woman With Baby Girl

Adoption is a popular option for a couple struggling with infertility. shutterstock.com

The main purpose of adoption is to create the optimal conditions for education, as well as for the physical, mental, spiritual and social development of a child[2]. Therefore, the legislation imposes a number of requirements on the adopter. In particular, according to Article 212 of the Family Code of Ukraine, the following categories of persons may not act as adopters:

Individuals, who:

  • do not have the citizenship;
  • do not respect the interests of the child;
  • abuse of alcohol or drugs;
  • do not have a permanent residence and a stable income;
  • limited in capacity or declared legally incapable;
  • suffer from diseases, the list of which is approved by the Ministry of Health Care of Ukraine;
  • deprived of parental rights (if these rights have not been restored);
  • for health reasons need constant care;
  • are registered (treated) in a psycho-neurological or narcological facilities;
  • were adoptive parents (guardians, caregivers, foster parents, parents-educators) of another child and previous adoption was terminated or invalidated due to their fault.

In addition, in accordance with the current legislation of Ukraine, same-sex couples cannot be adoptive parents; unmarried foreigners (unless they are relatives of children)

What Kind of Children can be Adopted in Ukraine?

In accordance with the procedure for adopting and supervising the rights of adopted children, the adoption procedure is possible only in relation to a child registered for adoption. According to paragraph 4 of the abovementioned procedure, the following children shall be adopted:

  • orphans;
  • children deprived of parental care;
  • children whose parents have given their consent for adoption.

From What Age a Child can be Adopted?

Based on the norms of family legislation of Ukraine, it is possible to adopt a child aged from 2 months to 18 years.

Is the Child’s Consent for Adoption Required?

In order to ensure the interests and observance of the child’s rights, it is necessary to obtain his/her consent (Article 12 of the Convention on the Rights of the Child), the form of which should correspond to his age and state of health. At the same time, the child gives his/her consent not as a whole for adoption, but for adoption by a specific person with whom a child spoke, whom he trusts, sympathizes with, and found a common language.

Surrogacy

Woman Excitedly Waiting

Surrogacy is the chance for intended parents to realize their dreams of parenthood.

In the field of surrogacy programs, Ukrainian legislators have proven to be far more progressive than a lot of their European counterparts. These days, Ukraine is one of the very few surrogacy friendly countries in Europe. Unlike other states that limit or even outlaw surrogacy, in Ukraine the commissioning parents of a child are considered to be biological parents from the moment of conception.

After the surrogate mother has given birth to a child, biological parents do not need to obtain judicial permission (as it is necessary for other countries) to adopt a newborn, since the names of the biological parents reflected in the birth certificate of the child. The surrogate mother who carried the child to the infertile couple has no parental rights with respect to the baby since she is not genetically related to him/her.

Summarizing the above said, nowadays there are several options to create a happy family without actually resorting to adoption procedures. New technologies in the field of reproductive medicine clearly demonstrated with a proven track record of success that parenthood is achievable through surrogacy programs as well.

Even though such procedures as sperm donation[3] and traditional surrogacy have long been around, namely the breakthrough in the embryo transferring techniques and legalization of gestational types of surrogacy gave a chance to many people to see the light at the end of the tunnel.

Read Next: Ukraine’s Surrogacy Gives New Hope to Cope with Childlessness

The Network of Reproductive Medical Centers (ISO 9001:2015 certified) “Mother and Child” that employs the highly renowned reproductive embryologists and the long-standing members of the European Society of Human Reproduction and Embryology (ESHRE), the American Society for Reproductive Medicine (ASRM) and the Ukrainian Association of Reproductive Medicine (UARM) has been successfully involved for over eleven years in practical application of assisted reproductive technologies (ART) and various types of surrogacy programs at affordable cost that resulted in birth of 9,074 healthy children and helped thousands of people throughout the world to find the happiness of parenthood.

Please contact IVF Group Surrogacy Services at +1(213) 277-5874 or visit our website at ivf-international.com to find out more or to schedule a consultation with a reproductive embryologist.

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