Ukrainian legislation

Donor Anonymity

The main items of order N 771 of the Health Ministry of Ukraine

Oocyte donation.

An oocyte donation can be fulfilled only after receiving the written voluntary informed consent of the oocyte’s donor to realize the controlled ovarian stimulation and follicle puncture.

Donors of oocytes could be

• Relatives or friends of patients according to their voluntary agreement;
• Anonymous donors;
• Patients from ART cycles according to their written consent.

Requirements for oocyte donors

• Age from 20 to 32 years;
• At least one healthy baby;
• Absence of visible external defects;
• Normal status of physical and mental health;
• Absence of contraindications for ovarian stimulation;
• Absence of hereditary diseases;
• No alcohol and drug consumption

Sperm donation

Sperm donors can be healthy men from 20 to 40 years with confirmed fertility and healthy babies. In Ukrainian law, we could find no regulations for non-anonymous sperm donations, but in practice all sperm donations are anonymous.

Surrogacy motherhood

Gestational surrogacy is absolutely legal in Ukraine for officially registered couples and single women.

The Family Code of Ukraine, Article 123.2. If a human embryo conceived by a couple as a result of the application of assisted reproductive technology is transferred into the body of another woman, the parents of the child are the couple.

It is permitted according to the Family Code and Order N 771 of the Health Ministry of Ukraine. Indications for surrogacy:

• Absence of a womb (inborn or acquired)
• Deformation of the cavity or cervix uteri, making pregnancy and delivery impossible 
• Synechi of womb cavity
• Severe somatic diseases, making duration of pregnancy impossible
• Multiple implantation failures connected with endometrial factor
• The future surrogate mother should be 20-35 years old, and mentally and physically healthy. She should have at least one healthy child of her own.

4. Order of the Justice Ministry of Ukraine № 52/5, dated 18.1.2000, “On approval of the procedure to register acts of a civil status in Ukraine”, clause 2 – Registration of birth.

2.2. The registration of a child’s birth by the woman (donor) is realized according to the application of the couple who gave their consent for her insemination. In this case, simultaneously with the document which certifies the birth, the written consent of the woman (donor) certified by an attorney is issued; in this document, the woman (donor) gives her written consent to record the couple as the child’s parents. In this case, in the “For notes” column, the following inscription is made: the mother of the child according to the medical certificate regarding the birth, form № 103/о-95, is citizen (surname, name, second name).

The information regarding the legislation of Ukraine in the area of reproductive cells, embryos and programs of ART was provided by Fedir Dakhno and Valery Zukin, members of the Committee of National Representatives of ESHRE.

23.01.2009