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PARENTAGE
Legal Services
PARENTAGE in association with its partner, International Law Firm 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, 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:
Preparing and Signing of Information and Coordination Documents
According to the present legislation of Ukraine (as well as according to numerous other countries` legislative systems), the Contractor assumes the obligation to timely provide the Customer with truthful and necessary information regarding the services the Contractor offers.
The principal task of this endeavor is not only to deliver a comprehensive choice of services but also to prevent adverse legal consequences down the road.
Only having received, in accessible way, comprehensive and truthful information about details and characteristics (substance, effectiveness, risks and complications) of reproductive health programs, as well as about additional services, the Customer (the Client) gives consent to their administration.
Actually, consent to treatment and information protocol are confirmed by particular documents, which in literature are frequently referred to as “medico-legal documents” or “information and coordination documents”.
Inside the reproductive technologies space, these documents may include:
- written consents to treatment;
- information protocol;
- declarations;
- declarations of obligation, etc.
Aforementioned and related documents have many particularities. Furthermore, samples of certain declarations are officially permitted, by decrees of the Ukraine`s Ministry of Health Care, as standard forms.
Our qualified lawyers take all these aspects into account when processing the documents for Customers,
Enlisted below, are information and coordination documents that are frequently requested by our clients:
- information protocols about special details of ART programs;
- consents to treatment on one or several ART programs;
- written agreement from clients (Intended Parents and Biological Parents) to carriage of an embryo, conceived by means of IVF (in vitro fertilization), by a Surrogate;
- written agreement of the Donor to the provision and further use of his/her biological (genetic) materials – gametes;
- written agreement from a Surrogate to carry an embryo of Biological (Intended) Parents;
- written agreement from a Surrogate to carry an embryo of Intended Parents;
- declaration of a Surrogate or a Donor about absence of claims, after completion of a surrogacy or a donation program, towards Intended Parents (needs to be certified by a notary);
- written agreement from a Surrogate to Biological (Intended) Parents’ registration as parents of a born child in the Vital Registration Office (needs to be certified by a notary), etc.
Validation of Registration, Medical Documents and Other Documents
Legalization, a distinctive procedure of certification, is required to make a document issued by one national state legal in another national state. Most consulates and embassies conduct validation of documents referred to as “apostille”.
International legislative acts exclusively regulate the way of certification. Therefore, only specialists entirely aware of international procedures and norms are permitted to be engaged in legalization. Legalization of documents by a consulate indicates confirmation of documents’ conformity with the legislation of the country of origin. It comprises certification of a signature of an official, her/his role and, in some instances, seal of an authorized state body on the documents to use them legally in another state.
Foreign documents, that are intended to be used in the country of Ukraine, can be legalized on the territory of the state that issued the documents, or in Ukraine directly. When a legislative document is legalized on the territory of other state, the document must be initially certified by the Ministry of Foreign Affairs or by other authorized state bodies where the document was issued and then is legalized by the consular establishment of Ukraine in this specific state. Embassy legalization needs to be performed according to the rules of a certain embassy. These rules as well as terms of legalization may differ significantly – is the latter may constitute from 1 to 10 days.
A special international stamp, known as apostille, is valid for all member states of the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents from October 5, 1961. The main benefit of The Hague Convention is the fact that documents certified by apostille in one member state of Convention are to be accepted in other member states of the Convention without limitations.
If you want all or some of your documents stamped by apostille, you must provide original versions of the respective documents. Only occasionally, apostille can be stamped on the copies that are certified by a notary. In the country of Ukraine, apostille on the child’s birth certificate is stamped by Ukraine’s Ministry of Justice. The order of apostille marking is regulated not only by Ukraine’s state authorities but also by the embassies of the countries which demand apostille. For example, some countries (Austria, Switzerland, Belgium and others) request double apostille to transfer the newborn child to the home country of Intended Parents.
The aforementioned means that apostille is to be stamped not only on the original documents but also on the translated copies certified by a notary. Thus, this procedure incorporates apostille marking not only on the document originals, but also on the translated copies certified by a notary after their translation and certification.
Selecting an Optimal Method of Newborn Child's Documents' Validation
This service is in high demand on part of Intended Parents from national states where surrogacy is legally restricted or entirely prohibited by law.
Our legal experts will explain major difficulties associated with leave and admission of parents with a newborn, and offer an effective solution to make their dream – becoming parents – come true.
Travel route, document processing order and negotiations with representatives of diplomatic and registration establishments, etc. are designed for each individual situation. Furthermore, some legal companies working in the Intended Parents home country, which are partners of our agency, can offer their backing.
Drafting and Conclusion of Agreements among Surrogacy Program Participants
Such agreements hold a unique position among a broad range of legal services offered by our agency. Thanks to our partners at Pharmaceutical and Medical Law Center, we can deliver all types and varieties of agreements required. The lawyers will not only draft a customized version of an agreement but also provide help in conclusion of your agreement considering all legal procedures and requirements.
Today, over ten different types of agreements are applied in reproductive space, regulating medical and other aspects of legal relations. Besides, program participants increasingly tend to conclude not one but several types of agreements, such as an agreement with an agency, a Surrogate, a medical institution, etc. While medical practices including ART in Ukraine, (as well as medical practices in other countries) are regulated by general and specialized legislation, legal relationships between the program participants are mostly regulated by civil law agreements.
Agreements are the type of documents, which guarantee a clear fixation of the rights, obligations and responsibilities of the Parties for violating the agreement. During the consultation, a lawyer will explain all relevant aspects of the agreement you need, accentuate the most essential basic terms of the agreement, propose the form and order of its concluding. If needed, we can also conclude a standard written agreement certified by a notary.
A legally accurate agreement includes terms suggested by the current legislation as well as terms essential for the Parties. We pay exceptional attention to the agreements we draft for the foreign residents. In such a case, an agreement is prepared in two languages – English and Ukrainian. (if relevant, in a language which is understandable and native for both partners in a couple). A certified translator confirms that the translation is correct, upon which a notary certifies a translator’ signature.
It is not mandatory to certify a translation made by a translator who is certified by an embassy (also known as “sworn translator”). To fast-track this process, we highly recommended to international couples to provides us copies of their passports not later than 14 days before their arrival.
Drafting and Signing of Legal and Information Documents in Ukraine
It is undeniable that efficient, uninterrupted and timely issuance of crucial documents as well as their signing by all participants is the most important condition. When a knowledgeable lawyer coordinates the process, risks of legal complications after the child was born are minimized.
It is within our scope of competence, we process the following documents:
- written agreement from Intended Parents to carriage of an embryo, conceived by means of IVF (in vitro fertilization), by a Surrogate;
- written agreement from a Donor to provide and use his/her 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);
- declaration from a Surrogate/a Donor about nonexistence of claims towards Intended Parents after surrogacy/donation programs are completed (certified by a notary);
- written agreement from of a Surrogate to register Biological (Intended) Parents as parents of a newborn in the Vital Registration Office (certified by a notary), etc;
- other crucial legal mechanisms and documents and.
The next phase is about collecting and submitting of all required documents to the Vital Registration Office. Regarding the child registration, Item 2.2. of the Decree of the Ministry of Justice of Ukraine No. 140/5 from November 18, 2003 “About new amendments and fresh additions to Ukraine’s Rules of civil registration 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, who provided their consent for the implantation. In this case together with the document, confirming the fact of child birth, the woman must provide notarized written consent for registration spouse as legal parents of the child. Thereby, there is a specific note in the “For notes column”: “The citizen (family name, first name, patronymic) is the mother of the child according to a medical birth certificate of 103/о-95(z0266-95) form.”
Obtaining of all Necessary Medical, Registration and Other Documents
In some cases, it is essential to obtain certain documents – to register a child, to support legal facts or on-demand from consulates or embassies),
In the introductory paragraph above, we refer to documents of the following groups: medical certificates, other certificates, copies of your valid medical record, extracts from medicinal journals, etc. If you consult with us, we will also assist you in obtainment of originals versions of the documents.
International residents who have difficulties applying for parental rights in their respective home countries, frequently request this service in our Agency.
Legal Supervision in Meetings with Participants of Reproductive Program
Participants of ART program often benefit from having a representative when coordinating their legal, organizational and other issues, as well as conflict settlement. That is why our company provides supervision of a representative.
Our in-house experienced lawyer can be present on important negotiations or meetings as well as counsel and prevent any unlawful or harmful actions of other parties towards our Customer, check documents and information and act as a witness of the legal events or proceedings.
Sometimes, in order to provide such services, there is a need to execute a power of attorney certified by a notary from the Customer.
Legal Partnership with International Lawyers in Registering a Child in a Home Country
For international residents, registration of a child in Ukraine is the humble beginning of parental rights registering. In fact, the greatest difficulties may occur during registration or other procedures in home country of Intended Parents.
We cooperate with trustworthy legal partners in the countries of Europe, US, the Commonwealth of Independent States, and Israel. That is how we can guarantee a comprehensive legal support not just in child registering in Ukraine but also in applying for parental rights as well as in conduct of other legal procedures right in Intended Parents’ home country.
In advance of surrogacy program launch, our lawyers will guide you through civil and family law of home country of Intended Parents, acquisition of citizenship as well as other types of legalization. We will also help you in drafting of all required documents, as well as in selection of an experienced lawyer in Intended Parents home country, and providing her/him with all the information to complete registration and citizenship as soon as possible.
Aid in Problem Solving in Emigration Services, Consulates, Law Machinery
Should any conflicts or problems arise in consulates, embassies, emigrational services, or registration organizations on the territory of Ukraine or abroad (in those countries where we have partner companies), feel free to contact us.
Lawyers will assist you in negotiating, settlement of conflicts, providing support during negotiations and meetings, carrying on correspondence, document process as well as filing.
Pre-Trial Settlement of Conflict
Should you have faced a conflict due to violated rules of the program on part of the participant, we recommend you wait and not file a suit to the court immediately. Conflicts can be frequently resolved on a pre-trial phase, as our experience shows.
This is the smartest way to act as it does not involve any state institutions. Furthermore, the conflict can be settled faster with minimum financial or moral losses. Our experts are skillful negotiators.
They will also help you in processing documents needed to fixate valid claims to each other or achieved arrangements. These are meeting minutes, agreements on pre-trial settlements of disputes, and lastly, a letter of claim (a claim itself).
Advocacy
If pre-trial settlement was not successful, we are ready to represent your rights and interests at the court. Our partners at the best legal firms will handle a suit and provide a skillful representation of you as a party of the process in courts of all instances on all the stages of the legal proceedings.
Legal defense in these cases requires specific set of experiences. Therefore, we recommend delegating such defense only to expert lawyers specializing in this area. Our company offers a comprehensive range of legal services in legal proceedings, including:
- written and oral counselling in advance of legal proceedings;
- drafting of legal conclusions regarding case perspectives in legal proceedings;
- filing of recalls, complaints, claims and other court papers;
- advocacy in the court hearings; support of execution, etc.