Surrogacy and adoption are two entirely different processes governed by Ukrainian law. Each has unique features, legal nuances, and requirements. While both offer pathways to parenthood, they differ significantly in terms of eligibility, procedures, and legal documentation. Let’s talk about surrogacy vs adoption.

Surrogacy VS Adoption: Key Definitions

The surrogate mother carries the child for intended parents who cannot conceive or carry a pregnancy through surrogacy, which is an arrangement involving a woman. These are, by and large, assisted reproductive technologies (ART) procedures such as in vitro fertilization (IVF). 

Often, a common form of adoption is the act by which a person or couple assumes all parental rights and responsibilities for a child who has been declared an orphan or whose biological parents have relinquished him or her. The child then generally has the same legal status as a biological child.

Eligibility

The eligibility criteria for surrogacy and adoption in Ukraine vary significantly:

• Surrogacy:
  Only legally married couples are eligible for surrogacy in Ukraine, and they must provide medical documentation confirming infertility or other medical reasons that prevent pregnancy. Single individuals and same-sex couples are not permitted to pursue surrogacy under Ukrainian law.
• Adoption:
  Adoption is open to both single individuals and couples who meet the age, financial, and moral criteria. Prospective adoptive parents must be at least 21 years old, with an age difference of at least 15 years between the child and the adoptive parent.

Legal Framework

Surrogacy in Ukraine is regulated by the Civil Code, the Family Code, and guidelines from the Ministry of Health. A key legal distinction is that the names of the intended parents appear on the child’s birth certificate, and the surrogate mother has no parental rights.

Adoption is governed by the Family Code, the Law on the Protection of Childhood, and additional legal provisions. Once the adoption process is finalized, adoptive parents gain full parental rights and responsibilities for the child.

Medical Component

Surrogacy inherently involves advanced medical procedures, particularly IVF. This includes creating an embryo using the genetic material of the intended parents or donors, followed by its implantation into the surrogate mother.

Adoption, by contrast, has no medical component, as it pertains to children already born.

Documentation

The documentation process for surrogacy and adoption differs in complexity and scope:

• Surrogacy:
  Legal agreements are established before the child’s birth. These contracts outline financial arrangements, medical care, and the rights and responsibilities of all parties involved. After the birth, the intended parents receive a birth certificate listing their names as the child’s parents.
• Adoption:
  Adoption requires a thorough vetting process conducted by Ukrainian child welfare authorities. Prospective adoptive parents must submit a detailed dossier, including medical and financial records, and undergo a mandatory adaptation process. The adoption is legally finalized through a court decision.

Ethical and Social Considerations

Surrogacy often raises ethical debates, especially regarding compensation for surrogate mothers. Critics sometimes view it as a commercial transaction. Adoption, on the other hand, is widely regarded as an altruistic act, providing a loving home to a child in need.

Surrogacy and adoption are two different ways to become a parent, each with its own set of legal, moral, and practical issues. The choice between these two options depends on a variety of factors, such as medical reasons, financial possibilities, and personal beliefs. Ukrainian legislation clearly regulates both methods, ensuring the protection of both children’s and parents’ rights.