23/11/2020
In this difficult time, we would like to provide the Intended Parents, undergoing or considering surrogacy in Ukraine, an update on the current situation and implications on travel, as well as associated organizational and legal issues.
📌Medical services
In most fertility clinics non-urgent fertility treatment is delayed until the quarantine period is over. However, care for Surrogates who are currently ‘in-cycle’ or who require urgent stimulation or for whom embryo transfers are closely scheduled is continued! Where possible, Ukrainian fertility specialists offer remote options for appointments.
Some agencies have commenced care for surrogates in their home city, given they are not able to travel to Kyiv currently for closer monitoring.
There are certain restrictions for visitation in maternity hospitals, because of isolation requirements.
📌Nanny services
In new circumstances, when the IPs cannot be in Ukraine for the baby to arrive, Ukrainian surrogacy agencies are organizing care for the newborns by the nannies, whereas it is very important to formalize nanny employment with a contract, to be on the safe side for all parts and prove authorization of the nanny in case of a hypothetical check-up by Ukrainian bodies.
📌 Travel restrictions
From 16 March, all foreigners are banned from entering Ukraine unless they hold a residence permit. This will be in place until April 3rd, and maybe prolonged. From 17 March, all flights, trains, and buses to and from Ukraine are suspended.
Domestic passenger transport also does not operate. At the checkpoints, medical staff monitor temperature and provide information on covid19.
Thus, at the present moment there is no way for the IPs to travel to Ukraine, and foreigners, who currently stay on the territory of Ukraine, can get home only by virtue of non-regular flights, arranged by the governments of their countries.
📌Birth registration and other administrative services
So far, providing birth registration for the babies, born through surrogacy in Ukraine, was not possible without physical presence of the IPs in Ukrainian Vital Statistics. However, in the exceptional circumstances of coronavirus developments, there is a possibility to conduct birth registration by a duly authorized representative of the IPs, as long as the surrogacy program was performed strictly in accordance with requirements of Ukrainian legislation and full package of documents is submitted.
This being said, we draw the kind attention of the IPs that other administrative services, like Apostille, are not available for quarantine period in Ukraine, as well some diplomatic missions in Ukraine have suspended processing routine services until further notice.
📌Legal terms of stay in Ukraine for foreigners
Small consolation for lockdown period of foreigners in Ukraine is the recent Resolution of the Cabinet of Ministers of Ukraine, which regulates temporarily that, for the duration of the quarantine period and within 30 days after its termination, foreigners and stateless persons, who violated the migration legislation of Ukraine in regard to non-compliance with the terms of their stay in Ukraine shall NOT be penalized if such violations have occurred during or as a result of the quarantine period.
Certainly, there are no precedents for what we are experiencing! 😔 Even though Ukrainian medical professions, agencies and lawyers are doing everything possible to manage surrogacy process challenges ❗️
And seems non-profit organizations of different countries and groups of Intended Parents put efforts to find alternative solutions, i.e. negotiate with governments for possible simplification of citizenship and passport procedures and arrangement of charter flights to allow IPs to pick up their babies and return home.
If you need counseling or further legal support from the Ukrainian side, contact: [email protected]
Meanwhile, we owe thanks and gratitude to all front-line workers who are extending their tireless support during the on-going Covid-19 developments globally!
