Programs of birth through a surrogate mother are legal and exist in both Ukraine and the U.S. The U.S. Embassy in Ukraine cannot recommend any particular clinic, but the Ukrainian Association of Reproductive Medicine may be able to provide additional information:
In order to transmit citizenship to a child born abroad to a surrogate mother, legal parents need to have the original of each document below, along with a photocopy and a certified translation if it is not in English. All application forms must be fully and accurately completed before the family arrives for an appointment. Applicants who arrive at the embassy without complete application packages may be turned away.
- The child’s Ukrainian birth certificate with English translation.
- A copy of the medical report of birth with English translation. (The medical birth certificate is issued by the hospital where the birth occurred and will list the surrogate mother.)
- Proof of both parents’ citizenship and identity (a valid U.S. or foreign passport works best).
- Parents’ original marriage certificate (if applicable) and proof of how any previous marriages ended. All documents not in English should be accompanied by a translation.
- Evidence of the physical presence in the United States before the child’s birth for the parent (or parents) who is a U.S. citizen and who has a blood relationship to the child. Evidence that can be submitted includes school transcripts; employment, tax, bank, and medical records; utility bills, rent receipts, or other official documents. Please submit old passports with U.S entry/exit stamps if available.
- Proof that a U.S. citizen parent’s genetic material was used in the surrogacy process (documentation from the clinic which performed the procedure), with English translation.
- Statement from the surrogate mother awarding parental rights to legal parents, with English translation. Usually, a notarized original must be submitted to the Ukrainian civil state registrar office to get an official Ukrainian birth certificate. A photocopy of that document will be sufficient for the purpose of applying for the Consular Report of Birth Abroad.
- A completed application form DS-2029 for the Consular Report of Birth Abroad. The form can be found at https://eforms.state.gov/. Please do not sign the application until a Consular Officer requests that you do so at the embassy.
Please Note: Questions #2j and 3j on form DS-2029 (CRBA) asks for precise periods of time in the United States. Please list all dates the U.S. citizen parent who is transmitting citizenship has been physically present on U.S. territory prior to the child’s birth. Do not include dates outside of the U.S., even if a trip was for a short period of time.
- The USD 100 application fee. Accepted payment methods are cash, either in U.S. dollars or the equivalent in Ukrainian hryvnyas, and credit card.
- DNA test results confirming parentage; these will be received by the embassy directly from the lab.
The family must select an AABB-accredited laboratory, contact the laboratory directly, and make the necessary arrangements (including payment) for conducting the genetic test. The use of an AABB-accredited laboratory is required for DNA tests at U.S. Embassies and consulates abroad. DNA results obtained outside of embassy procedures will not be accepted. While consular staff cannot accept application materials or other supporting documents ahead of your actual CRBA appointment, you may, if you wish, get in touch with a lab from the list in advance and request that its staff send the DNA kit/s to the U.S. embassy directly (Attention: American Citizen Services unit). Also, you can request that, in addition to sending the original results by mail to the embassy, the lab also email the results to us at KyivDNA@state.gov.
Once the U.S. Embassy receives the DNA test kit, the DNA sample collection will be scheduled; please wait for an email from the Consular Section with further instructions.
For more information, please read the State Department notice, Important Information for U.S. Citizens Considering the Use of Assisted Reproductive Technology (ART) Abroad, at https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Assisted-Reproductive-Technology-ART-Surrogacy-Abroad.html.