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Surrogacy in Ukraine for married couples is still possible under the rules in force in October 2026. But foreign intended parents have a new issue to consider: a bill before Ukraine’s parliament could make it much harder for them to access treatment.
Draft Law No. 15507 was registered on August 10, 2026. It proposes citizenship and residency requirements that could exclude many foreign couples. A separate bill, No. 15506, proposes criminal penalties for certain surrogacy arrangements. Neither proposal should be confused with the law currently in force.
For couples planning treatment, the immediate questions are practical. Do you meet the current eligibility rules? What documents will you need after the birth? And what happens if the law changes while your treatment is underway?
Yes. Ukraine’s current legal framework permits gestational surrogacy under specific conditions. Article 123(2) of the Family Code addresses who is recognised as the child’s parent when an embryo conceived by a married couple through assisted reproductive technology is transferred to another woman.
Official Ukrainian text — Family Code of Ukraine, Article 123(2):
«У разі перенесення в організм іншої жінки ембріона людини, зачатого подружжям (чоловіком та жінкою) в результаті застосування допоміжних репродуктивних технологій, батьками дитини є подружжя.»
English translation:
“Where an embryo conceived by the spouses (a man and a woman) through assisted reproductive technologies is transferred into another woman, the spouses are the parents of the child.”
The legal framework requires a medical indication for surrogacy and a genetic connection between the child and at least one intended parent. The surrogate must not have a direct genetic link to the child.
Foreign couples can currently qualify if they meet the relevant requirements. That does not mean the rules will necessarily remain unchanged throughout a programme, particularly while the proposed legislation is under consideration.
The main rules are set out in the Family Code and the Ministry of Health’s Order No. 787, which governs the use of assisted reproductive technologies in Ukraine.
Order No. 787 lists several medical indications for surrogacy. These include:
These are regulatory criteria, not simply examples of conditions a clinic may choose to accept. A fertility specialist must assess the medical history and supporting records against the applicable rules.
The regulation does not set a universal legal age range of 18–35. Instead, Section VI, paragraph 6.4 of Order No. 787 requires a surrogate mother to be an adult woman with legal capacity, her own healthy child, voluntary written consent, and no medical contraindications.
Official Ukrainian text — Ministry of Health Order No. 787, Section VI, paragraph 6.4:
«Сурогатною матір’ю може бути повнолітня дієздатна жінка за умови наявності власної здорової дитини, добровільної письмово оформленої заяви сурогатної матері … а також за відсутності медичних протипоказань.»
English translation:
“A surrogate mother may be an adult woman with legal capacity, provided that she has her own healthy child, has given voluntary written consent, and has no medical contraindications.”
Clinics may impose additional screening criteria, including their own age limits. Those should not be mistaken for a universal statutory age requirement. Where the surrogate is married, her husband’s consent is required under the applicable procedure.
The current framework is based on a married couple consisting of a man and a woman. Intended parents generally need identification documents, a marriage certificate, an application for assisted reproductive technology, and a notarised agreement with the surrogate.
Foreign couples should check the paperwork before travelling. Depending on the country that issued a document, the marriage certificate may need an apostille or other legalisation, along with a certified Ukrainian translation. Ask the clinic for its current document checklist and have an independent Ukrainian lawyer review it.
Draft Law No. 15507 was registered in the Verkhovna Rada of Ukraine on August 10, 2026. The official parliamentary record lists the bill as being processed by a committee.
The proposed eligibility rules are considerably narrower than the current framework. The bill would generally require both spouses, or one spouse in circumstances specified by law, to be Ukrainian citizens who have permanently resided in Ukraine for at least three years before signing the agreement. It would prohibit surrogacy for foreign citizens and stateless people unless one spouse is a Ukrainian citizen.
The proposal would also require additional evidence for birth registration, including proof that at least one genetic parent is a Ukrainian citizen and a healthcare facility’s conclusion that the procedure complied with the law. Clinics would be expected to check the prospective parents’ citizenship before treatment begins.
Another proposed measure is a Unified State Register of Surrogacy Agreements and businesses operating in reproductive medicine.
Ukrainian news coverage has described the proposal as an effort to tighten state oversight of surrogacy and restrict access for foreign intended parents.
For local context, see Ukrinform’s Ukrainian-language report on the proposed changes. The report discusses the citizenship and residency conditions, the proposed birth-registration documents, and the treatment of existing agreements. These details should still be checked against the latest parliamentary text.
The bill proposes a nine-month transition period for certain surrogacy agreements with foreign citizens signed before it enters into force. It also links the start of its application to a separate law introducing criminal liability for violations of assisted-reproduction rules.
That leaves an important practical question: how would the new rules affect a couple at a particular stage of treatment? A contract signed before a legal change does not, by itself, answer what happens if the couple has stored embryos, is preparing for a transfer, or is already expecting a child.
If you have already signed an agreement, ask an independent Ukrainian lawyer to review it before making another payment or proceeding with the next medical step. In particular, get written advice about:
The answers may depend on the final legislation, the contract, and the stage of treatment. Couples should not assume that the proposed transition period will protect every situation.
Draft Law No. 15506 proposes criminal liability for certain arrangements involving foreign nationals or stateless people where neither spouse is a Ukrainian citizen.
According to Interfax-Ukraine’s report, the proposed penalties include three to five years’ imprisonment for specified conduct involving the organisation or performance of surrogacy, or the conclusion of relevant contracts. The report also describes higher penalties for aggravated offences, potentially reaching eight to twelve years with confiscation of property in the most serious cases.
These are proposed penalties, not current sentences under an enacted surrogacy-specific law. The precise offence definitions and penalty ranges should be checked against the official parliamentary record for Draft Law No. 15506 before relying on them.
Article 123 of the Family Code establishes the intended spouses as the parents in the circumstances it covers. The registration procedure is governed by separate civil-status rules and requires supporting documents.
Under the Ministry of Health’s Order No. 787, the intended spouses apply to register the birth. The required documents include the surrogate’s notarised consent to recording the intended spouses as the child’s parents and a certificate confirming the genetic relationship between at least one intended parent and the fetus.
There is an important distinction between the birth certificate issued to the parents and the underlying civil-status birth record. Ukrainian legal commentary on the civil-registration rules explains that the certificate issued to the intended parents lists them as the parents, while the underlying record contains a remark referring to the woman identified as the mother on the medical birth document.
For further legal context, see this Ukrainian surrogacy legal commentary. The current wording of the registration rules and their application to a particular case should be confirmed with Ukrainian counsel.
Birth registration is also only one part of the process. It does not automatically settle the documents needed for the child to travel abroad or establish citizenship and parentage in the family’s home country. Parents should check the requirements with Ukrainian authorities, their embassy or consulate, and the destination country before making travel arrangements.
Provider-quoted programmes can range from approximately €44,000 to €65,000, depending on the treatment plan and what the fee covers. Examples in provider quotes include around €44,000 for some embryo-shipment programmes, €49,000 for some own-egg programmes, and €58,000 or more for programmes offering egg donation and additional attempts.
These figures are indicative provider prices, not official government statistics or an audited national market average.
For a couple planning treatment, an overall budget of roughly €55,000–€75,000 may be a useful starting point once additional expenses are considered. The actual total will depend on the number of IVF cycles and embryo transfers, medication, donor services, pregnancy care, delivery, legal assistance, and travel.
When comparing packages, ask the provider to put the inclusions and exclusions in writing. Check whether the quoted fee covers:
For surrogacy in Ukraine for married couples, the initial package price is only part of the calculation. A lower quote may exclude services that another provider includes, so compare the final expected cost rather than the headline number.
Georgia, Iran, and Greece are alternatives that may be worth investigating. Their rules differ, and none should be treated as an automatic substitute for Ukraine.
Georgia permits surrogacy for heterosexual couples, including foreign intended parents. Legal guidance describes access for married couples and, in some circumstances, a man and woman who can document at least one year of cohabitation. At least one intended parent must have a genetic connection to the child.
Before proceeding, ask a Georgian lawyer to confirm the current eligibility rules, the required agreement, birth-registration procedure, and how the child’s parentage will be recognised in the country where the family plans to live. Do not rely on a clinic’s marketing material alone.
Provider quotes are often around €44,000, but the total depends on the programme and included services. Request a current, itemised quote that identifies legal costs, medical services, and any expenses paid separately.
Couples also comparing Ukraine with Iran should assess that country’s legal process separately, including local requirements, recognition in the home country, travel arrangements, and safety considerations. Our guide to surrogacy in Iran explains that route in more detail.
Greece allows surrogacy under an altruistic framework, requires prior court authorisation, and limits payments to the surrogate to legally permitted expenses. Law 5197/2025 introduced a permanent-residence requirement relevant to the intended mother and the surrogate.
For couples who do not live in Greece, this condition may make the route impractical. A Greek lawyer can confirm whether the intended mother meets the current residence requirement and explain the court process before the couple spends money on medical screening or travel.
Surrogacy in Ukraine for married couples remains governed by the current legal framework in October 2026, but proposed legislation could significantly affect foreign applicants. Draft Law No. 15507 is still a proposal, so its restrictions should not be presented as current requirements.
Before starting treatment, confirm your medical eligibility, have the agreement reviewed by an independent Ukrainian lawyer, and establish how birth registration and travel documents will be handled. If you are already in treatment, ask what would happen if the rules changed before embryo transfer, birth, or departure from Ukraine.
