Under Ukrainian law (Family Code, Articles 121-136, accessible via Ukrainian legal portals), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Article 121).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Article 122) or if he acknowledges paternity (Article 125). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Article 128).
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if a court establishes paternity based on biological evidence or intent to parent (Article 128), particularly if he is involved in the child’s life post-birth. Specific laws addressing informal donation are limited.
Assisted Reproduction:
In Ukraine, assisted reproduction is regulated under Order No. 771 (2014) on assisted reproductive technologies and related health laws. “Donor-assisted human reproduction” (DAHR) involves donated gametes used in licensed clinics (Section 2). Note: Informal sperm donation outside clinical settings is not explicitly regulated but is likely discouraged and may be considered illegal due to lack of oversight.
DAHR is permitted for married heterosexual couples, with recent expansions (e.g., Law No. 1128-IX, 2021) allowing single women and same-sex couples limited access. Donors must be under 35 and are typically anonymous, though recent war-related policies (e.g., free sperm freezing for soldiers) suggest evolving practices.
Sperm Donor Agreements:
In regulated DAHR, the donor is not a legal parent if the procedure complies with health regulations (Order No. 771). The intending parents are recognized as legal parents at birth. Note: Informal sperm donation lacks legal protection—donors risk being recognized as legal parents under general paternity laws (Article 122 or 128), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, Ukrainian law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may intervene based on intent or involvement.
Surrogacy:
Surrogacy is permitted in Ukraine under the Family Code and health regulations, primarily for heterosexual couples. It must be altruistic during martial law (per recent legislation), with commercial surrogacy restricted. The intending parents are recognized as legal parents if a contract is registered (Article 123).
International surrogacy arrangements were common pre-war but are now limited under martial law, with recognition subject to court approval. Informal surrogacy lacks legal standing.
Parentage Agreements:
In regulated DAHR, parentage is formalized through clinic consents, with intending parents recognized at birth. Informal agreements (e.g., co-parenting or donor contracts outside DAHR) lack legal standing and may require court intervention under Article 128 to establish or contest paternity.
Informal arrangements carry significant legal risks, as Ukrainian law prioritizes biological parentage over intent in non-regulated settings. A donor could claim paternity, or the mother could seek child support, depending on judicial interpretation.