PARENTAGE in association with its partner, International Law Firm “Medical and Pharmaceutical Law Center” offers a full range of legal services in the area of reproductive medicine both in Ukraine and in other countries around the globe.
Specialized Law Firm “Medical and Pharmaceutical Law Center”, an acclaimed expert in the sphere of legal support of surrogacy and donor programmes, offers a full range of legal services required for conducting ART programmes, in particular, surrogacy and gamete donor programmes. Therefore we are able to assist you in resolving all legal issues in regard to the programme, from drafting agreements for all parties to assistance with child registration and representation of your interests in court.
The most demanded legal services include:
Drafting and Signing of Information and Coordination Documents
According to the current legislation of Ukraine (as well as according to many other countries legislation), the Executor undertakes to timely provide the Consumer with necessary and truthful information about services the Executor offers.
The main task of this activity is not only to provide a competent choice of services but also to prevent unfavorable legal consequences in the future.
Only having received complete and truthful information about peculiarities and consumer properties (essence, efficiency, risks and complications) of reproductive programs as well as about concurrent services in accessible way, the Consumer (the Client) gives consent to their application.
In fact, information protocol and consent to treatment are confirmed by specific documents, which in literature are often referred to as “information and coordination documents” or “medico-legal documents”.
Within the sphere of reproductive technologies these documents include:
- information protocol;
- written consents to treatment;
- statements of obligation, etc.
These and similar documents have a number of peculiarities. Moreover, samples of certain statements are approved as standard forms by the decrees of the Ministry of Health Care of Ukraine.
When processing these documents for Customers, our lawyers take all these aspects into consideration.
The following information and coordination documents are often requested by our clients:
- information protocols about peculiarities of ART programs;
- consents to treatment on different ART programs;
- written consent of clients (Biological and Intended Parents) to carriage of an embryo, conceived by means of in vitro fertilization, by a Surrogate;
- written consent of a Donor to providing and usage of her/his biological (genetic) material – gametes;
- written consent of a Surrogate to carriage of an embryo of Intended Parents;
- written consent of a Surrogate to carry an embryo of Biological (Intended) Parents;
- statement of a Surrogate/Donor about absence of claims towards Intended Parents after completion of surrogacy/donation programs (certified by a notary);
- written consent of a Surrogate to registration Biological (Intended) Parents as parent of a born child in the Vital Registration Office (certified by a notary), etc.
Validation of Registration, Medical and Other Documents
A special procedure of certification (legalization) is necessary to make a document issued by a certain state legal in other state. Most embassies and consulates conduct validation of documents reffered to as “apostille”.
International statutory acts exclusively regulate the way of certification. That is why only specialists thoroughly aware of international norms and procedures shall be engaged into legalization.Consular legalization of documents means confirmation of document conformity to the legislation of the state of origin. It constitutes certification of a signature of an official, his/her position and, in some cases, seal of an authorized state body on the documents in order to use them legally in other state.
Foreign documents, supposed to be used on the territory of Ukraine, can be legalized on the territory of the state of document issuance, or directly in Ukraine. In case of legalization of such a document on the territory of another state, the document is firstly certified at the Ministry of Foreign Affairs or another authorized state body where the document was issued and then is legalized by the consular institution of Ukraine in this stateEmbassy legalization is performed according to the rules of a certain embassy. These rules can significantly differ as well as terms of legalization (from 1 to 10 days).
Apostille — is a special international stamp valid for all member states of the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents from October 5, 1961. Value of the Hague Convention (apostille) is that documents certified by apostille in one member state of Convention are to be accepted in other member state of Convention without any restrictions.
To have documents stamped by apostille, you have to provide document originals. Only sometimes apostille is stamped on the copies certified by a notary.In Ukraine apostille on the birth certificate of a child is stamped by the Ministry of Justice of Ukraine.Order of apostille marking is regulated not only by Ukrainian state authorities but also by embassies of the countries which require apostille. For example, some countries (Switzerland, Austria, Belgium and others) demand double apostille to transfer child to home country of Intended Parents.
This means that apostille is to be stamped not only on the documents but also on translated copies certified by a notary. Thereby this procedure includes apostille marking on document originals as well as on translated copies certified by a notary after their translation and certification.
Selection of an Optimal Way of Newborn Child's Documents' Validation
This service is of a high priority for citizens of those states where surrogacy is legally prohibited or restricted in some cases.
Specialists of our company will explain the main problems of leave and admission of parents with a newborn child, and offer ways out to make their dream come true – to become parents.
Route, order of document processing and negotiations with representatives of diplomatic and registration institutions, etc are worked out for each situation individually. Moreover, legal companies, which are partners of our agency and working in a home country of Intended Parents, can offer their assistance.
Drawing and Conclusion of Agreements between Surrogacy Programme Participants
Agreements take a special place among a wide range of legal services provided by our agency. Due to the lawyers of our company partner, Medical and Pharmaceutical Law Center, PARENTAGE can offer all types and kinds of required agreements. The lawyers will not only draft an individual pattern of an agreement but also provide assistance in conclusion of your agreement including all legal procedures and formalities.
Nowadays a reproductive sphere applies to over ten kinds of agreements which regulate not only medical but also other aspects of legal relations. Moreover programme participants often happen to conclude not one but several agreements: with an agency, a medical institution, a surrogate, etc.Despite the fact that medical practice, including ART in Ukraine, (as well as in other states) is regulated by general and special legislation, legal relations between participants of the programme are mostly within civil law agreements.
Agreements are the documents, which guarantee clear fix of not only rights and obligations but responsibilities of the Parties for violation of the agreement.During the consultation the lawyer will provide explanation of peculiarities of the agreement you need, point on essential and basic terms, form and order of its concluding. We can conclude a standard written agreement certified by a notary (if applicable).
A legally correct agreement includes not only terms prescribed by the current legislation but also arrangements essential for the Parties. We pay special attention to agreements with foreign residents. In this case an agreement is composed in two languages – Ukrainian and English languages (if applicable in a language which is native and understandable for a couple). A certified translator affirms that the translation is correct and a notary certifies a signature of the translator.
There is no need to certify a translation performed by a translator certified by an embassy (so-called “sworn translator”). To accelerate this process a foreign couple is highly recommended to give copies of their passports to our agency not later then 14 days before arrival.
Drafting and Signing of Information and Legal Documents in Ukraine
It goes without saying, that competent, successive and timely issuance of necessary documents as well as their signing by all participants during all programme stages is the most important condition. When competent lawyers coordinate this process, risk of legal problems after child delivery is minimized.
Within our competence we process the following documents:
- written consent of Intended Parents to carriage of an embryo, conceived by means of in vitro fertilization, by a Surrogate;
- written consent of a Donor to providing and usage of her/his biological (genetic) material – gamete, written consent of a Surrogate for carriage of an embryo of Intended Parents as well as consent of Surrogate’s husband (if applicable);
- statement of a Surrogate/a Donor about absence of claims towards Intended Parents after completion of surrogacy/donation programmes (certified by a notary);
- written consent of a Surrogate to registration Biological (Intended) Parents as parent of a born child in the Vital Registration Office (certified by a notary), etc;
- other necessary legal documents and mechanisms.
The next stage is collecting and submitting of all documents to the Vital Registration Office.As for child registration, Item 2.2. of the Decree of the Ministry of Justice of Ukraine No. 140/5 from November 18, 2003 “About amendments and additions to Rules of civil registration in Ukraine: “In case of child birth by the women which was implanted by fetus, conceived by the spouse, the child is registered upon the declaration of spouses, which gave their consent for implantation. In this case together with the document, confirming the fact of child birth, the woman has to provide notarized written consent for registration spouse as legal parents of the child. Thereby, there is a certain note in column “For notes”: “The citizen (surname, name, patronymic) is the mother of the child according to a medical birth certificate of 103/о-95(z0266-95) form.”
Obtainment of all Necessary Medical, Registration and Other Documents
In some cases it is necessary to produce certain documents to register a child or prove legal facts or on request of embassies (consulates), judicial, emigration authorities or law machinery.
These are the following documents: certificates, medical certificates, epicrises, copies of medical record, extracts from a medical journal, etc. If you consult us, we will assist you in obtainment of originals or copies of these and other documents.
Foreign residents, who face difficulties in applying (confirmation) for parental rights in home countries, request this service in our Agency on a regular basis.
Legal Supervision during Meetings with Reproductive Programme Participants
ART programme Participants often need a representative when coordinating organizational issues, legal and other procedures, conflict settlement. That is why our company provides supervision of a representative.
Our employee (an experienced lawyer) can be present during important meetings and negotiations, to timely counsel and prevent any unlawful or harmful actions of other parties towards our Client, check information and documents, act as a witness on legal proceedings or events.
Sometimes to provide these services there is a need to execute a power of attorney certified by a notary from the Client.
Legal Partnership with Foreign Lawyers in Registering a Child in a Home Country
For foreign residents child registration in Ukraine is just the beginning of parental rights registration. In fact, the greatest problems occur during registration or other procedures in home country of Intended Parents.
PARENTAGE cooperates with reliable legal partners in the countries of Europe, the CIS, the USA and Israel. That is why we can guarantee a complete legal support not just in child registering in Ukraine but also applying for parental rights as well as conduct of other legal procedures (including legal proceedings) directly in a home country of Intended Parents.
Before a surrogacy programme starts our lawyers will counsel you on family and civil law of home country of Intended Parents, acquisition (confirmation) of citizenship as well as other aspects of legalization. We will assist you in preparing all required documents, selection of a competent lawyer in a home country of Intended Parents, and provide him/her with all the information to complete registration and citizenship as soon as possible.
Assistance in Problem Solving in Consulates, Emigration Services, Law Machinery
In case of any problems or conflicts in embassies, consulates, emigrational services, or registration bodies on the territory of Ukraine or abroad (in countries where we have partner companies)feel free to contact us.
Lawyers will assist in settlement of a conflict, holding negotiations, providing support during meetings and negotiations, carrying on correspondence, document process and filing.
Pre-Trial Conflict Settlement
In case you have faced a conflict due to violated terms of the programme on the part of the participant, we strongly recommend you to wait without filing a suit to the court. Our experience shows that conflicts can be frequently resolved on a pre-trial stage.
This is the most optimal way as it does not involve state structures. What is more, this conflict will be settled more quickly with minimal moral and financial loses.Our experts are experienced negotiators.
They will also assist to process documents needed to fix achieved arrangements or valid claims to each other. These are meeting minutes, agreement on pre-trial settlement of a dispute, and finally, a claim itself (a letter of claim).
If pre-trial settlement was unsuccessful, we are ready to offer advocacy of your rights and interests at the court. Our partners from the best legal companies will process a suit and provide a skilled and skillful representation of you as a party of the process on all the stages of legal proceedings in courts of all instances.
Legal protection in these cases is quite specific. That is why we recommend to delegate such protection only to experienced lawyers specializing in this area.Our company provides full range of legal services in legal proceedings, including:
- oral and written counselling before and during legal proceedings;
- preparation of legal conclusion concerning perspectives of a case in legal proceedings;
- file a claim, complaint, recalls and other court documents;
- advocacy during court hearings;support of execution, etc.