For surrogate cases the most important is that the U.S. citizen parent who intends to transmit U.S. citizenship to the child has blood relationship to the child. This will be tested through DNA. Only approved DNA labs can make the test. DNA test instructions and the list of approved labs are attached hereto. The only thing the couple can do in advance is to get in touch with the lab from the list and make them send the DNA kit to the U.S. Embassy directly (FAO American Citizen Service unit). Once the U.S. Embassy has it and the child is born, parents can schedule an appointment so that both the DNA test and the CRBA/passport application can be performed the same day.

The requirements for the Consular Report of Birth Abroad and U.S. passport applications are available at http://ukraine.usembassy.gov/report-birth-abroad.html and http://ukraine.usembassy.gov/first-passport.html. According to the instructions, the IPs need to submit the original birth certificate; and in addition some more paperwork, signed by the Surrogate and issued by fertility clinic and maternity hospital.

Thereby the following requirements for the IPs while surrogacy exit process for US citizens have to be met:

a. A child born outside of the United States and in wedlock to a U.S. citizen mother and U.S. citizen father, acquires U.S. citizenship at birth if one of the parents has been resident in the United States or one of its outlying possessions prior to the child’s birth.

b. A child born outside of the United States and in wedlock to a U.S. citizen parent and a non U.S. citizen parent, may acquire U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions for a period of five years, two of which were after the age of fourteen. The U.S. citizen parent must be the genetic or the gestational parent, and the legal parent of the child under local law at the time and place of the child’s birth.

A child who is born outside Canada on or after April 17, 2009 is a Canadian citizen at birth if he/she has a genetic link with a parent who was a Canadian citizen born or naturalized in Canada at the time of the child’s birth.

Detailed information on citizenship applications for children born abroad through surrogacy to citizens of Canada can be found on Citizenship and Immigration’s Assisted Human Reproduction website (CIC).

In surrogacy cases, CIC will need a number of documents on Ukrainian surrogacy process with double consular legalization as well as fully completed citizenship application. Additionally, proof of a genetic link to the Canadian parent, in particular DNA from a laboratory accredited by the Standards Council of Canada (SCC) will be required.

The Human Fertilisation and Embryology Act 2008 (HFEA) regulates surrogacy in the UK. This legislation is applicable to the IPs regardless of which country the surrogacy takes place in. The legal mother is the lady who gives birth to the child and dependent on the circumstances surrounding the insemination or embryo transfer and her marital status, the surrogate’s husband/partner may be the second legal parent.

A foreign birth certificate is not recognized as evidence of legal parent status in this jurisdiction.

The only way in which you can completely extinguish those legal rights is to secure a Parental Order.

Surrogacy exit process for the citizens of UK currently takes place in 2 steps:

1st step is UK citizenship application through TLS Visa Centre Kyiv

2nd step is passport application itself

It is worthwhile to note that rather substantial number of documents from the Intended Parents, the Surrogate, fertility clinic and maternity hospital is needed.

Under Irish Law the woman who gives birth to the child – in this case – the Surrogate – is the legal mother of the child, even if the ovum from which the child was conceived was provided by the Intended Mother, or by egg donor.

Under the Guardianship of Infants Act 1964, the mother of the child, born outside marriage, is the child’s sole guardian.

So first step on surrogacy exit process for citizens of Ireland is application for Emergency Travel Certificate filed with the Irish Embassy in Ukraine.

For these purposes, DNA test should be done in accredited Ukrainian lab in presence of the Surrogate, after forwarding all necessary documentation to the DNA Test Company, Ormond Quay Paternity Services.

A package of documents from the Surrogate should also be submitted to Irish Consulate in Kyiv, including swearing and notary certification of surrogate mother’s affidavit (and where applicable, Affidavit of her husband).

Local Ukrainian independent lawyer will also prepare an Affidavit to confirm independent legal advice to the Surrogate.

After coming back home the IPs undergo court guardianship process to legitimate their parental rights according to Status of Children Act 1987. The Attorney General must be put on notice of such application.

If Surrogate is married, her husband participates in preparation of documents for Emergency Travel Certificate application and guardianship court proceedings.

Prior to applying for an Australian passport for the child, the child needs to apply for Australian Citizenship by Descent and be issued with a citizenship by descent (CBD) certificate.

The Home Affairs team at the Australian High Commission in London is responsible for citizenship matters for applicants in Ukraine.

After Home Affairs in London receives the citizenship application, it normally requests DNA testing, which is conducted by the IOM clinic in Kyiv. IOM delivers the tests to the Australian Embassy in Kyiv and they send the tests to Australia, as a courtesy, by diplomatic bag. The bag leaves every Wednesday and it takes at least a week for the DNA samples to be delivered to the Australian lab via the diplomatic mailroom in Canberra.

Australian passport application may be submitted once the citizenship by descent (CBD) certificate is issued.

The Australian Embassy in Kyiv takes the passport application at the interview. The application is processed by the Australian Embassy in Warsaw.

Concerning surrogacy exit process for Australian citizens support of Ukrainian legal professional as guarantor while signing Applications by the Surrogate and the IPs 1195, B4, B5 as well as endorsement for baby’s photographs and his availability for phone calls of Australian Embassy is required.

Surrogacy is prohibited in Germany. According to Law mother is the woman who gave birth to to child.

However, father is the man who declared his fatherhood through acknowledgement of paternity (§1592 BGB). And by this reason it is possible to apply for German citizenship to be granted to the baby, born through surrogacy in Ukraine, by virtue of acknowledgement of paternity. And the Surrogate will have to give her consent to the acknowledgement of paternity.

Thus marital status of the Surrogate plays significant role in surrogacy exit process for German citizens. And her personal presence in the Embassy of Germany in Kyiv is obligatory required.

At the present moment German Embassy in Kyiv is following the policy to issue temporary travel document for the baby. Another peculiarity is that the baby firstly gets surname of the Surrogate according to German law, transliterated according to ISO-norms 9:1995, which will be indicated on travel passport and which can be further changed to surname of the Intended Father in competent German registry office.

After getting back home with the baby the procedure of adoption of the child by the Intended Mother should be commenced, in order to fully legitimate parental rights of both Intended Parents.

Surrogacy is prohibited under Austrian law. According to Austrian law, the woman who gave birth is always considered the mother of a child.

However it is possible to get recognition of foreign decisions differing from this principle in Austria, at the Austrian diplomatic representation in Kyiv, which will support the Intended Parents to take the necessary steps in collaboration with the local authorities.

Austrian Embassy in Kyiv has a separate checklist of documentation, which has to be submitted for getting emergency travel document in the best interests of the baby.

National legislation of Switzerland bans surrogacy and the woman, who gave birth to the baby, is deemed as the child’s legal mother.

However, surrogacy exit process is feasible for Swiss citizens, given that particular requirements are met.

Full package of documents for the Surrogate mother, fertility clinic and maternity hospital should be thoroughly prepared after birth, which will be further processed not by Swiss Embassy itself, but sent in original to competent Swiss authorities.

If the documents successfully pass verification, temporary travel document "laisses-passer" is issued.

DNA test is also needed to prove genetic link between the baby and the Intended Father.

After getting back home with the baby the procedure of adoption of the child by the Intended Mother should be commenced, in order to fully legitimate parental rights of both Intended Parents.

Or another option may be application to Ukrainian court for establishment of kinship relationships with a baby by means of special court procedure, which will be acknowledged in Switzerland as an official court decree.

On 18 February 2019 Minsitry of Justice of Spain issued the “Instrucción de la Dirección General de los Registros y del Notariado, sobre actualización del régimen registral de la filiación de los nacidos media nte gestación por sustitución No. 2367”, which stipulates, that after publishing this new instruction no more applications for registration of birth for the babies, born via surrogacy overseas, will be considered by the Embassy of Spain, unless court decision on parentage is submitted.

Ukraine grants nationality by jus sanguinis (Latin: right of blood) principle, by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state. This principle is reflected in the Article 7 of the Law: A person, whose parents or one of the parents were citizens of Ukraine at the time of his/her birth, is a citizen of Ukraine.

Ukrainian citizenship for the baby, born to foreigners on the territory of Ukraine, can be granted only when certain conditions are met, including non-getting of citizenship of both parents and official registration of residence of both parents in Ukraine.

We can provide legal assistance in preparation, translation, notary certification of documents package, which need to be filed for successful citizenship process, as well as accompanying to the bodies of Ukrainian Migration Service and Passport Office.

According to Belgian law parental rights should be firstly approved by Belgian local family court.

By this reason assistance of Belgian lawyer is obligatory needed at all stages of surrogacy exit process for citizens of Belgium.

Full package of documents to prove that medical procedures on IVF and surrogacy have been performed according to Ukrainian legislation needs to be assembled.

Ukrainian lawyer should prepare Legal Opinion on surrogacy program, setting forth legal regulation of surrogacy in Ukraine, details of fertility treatment process for particular couple of patients with reference to relevant documentation and summarizing legality of the process in Ukraine for them.

As a result of court procedure Belgian passport for the newborn is issued.

In the examination of whether a foreign acknowledgment of paternity is valid in Sweden, the Act (1985: 367) on International Childbirth Issues (IFL) applies. In paragraphs 7 and 8 it is stated that for acknowledgment of paternity abroad to be valid in Sweden, it must be confirmed by a court decision or a valid confirmation in the country of residence or citizenship. In many countries, like Ukraine, fatherhood cannot be established by a court of child born through surrogacy arrangements.

So for children, born through surrogacy in Ukraine, the Intended Father has to sign declation of acknowledgment of paternity.

It should also be noted that in cases where the surrogate mother is married, her husband could be considered a father to the child according to fatherhood presumption. Therefore if the Surrogate is married, her husband should participate while signing paperwork on exit process.

In all cases personal visit of the Surrogate to Swedish Consulate in Kiev is needed.

And all Swedish couples are recommended to prepare the acknowledgment of paternity through court 8 weeks after baby birth, with help of a Swedish legal counsel.

After coming back to Sweden, adoption procedure takes place.