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Legal Knowledge

Illuminating the path of rights and interests Avoiding unknown risks

From the establishment of institutions to medical services, Lita Clinic and Militta IVF Agency always adhere to the laws of the host country. We are committed to ensuring that all operational qualifications and legal documents comply with local standards, and strictly align with Chinese embassies, consulates, and domestic regulatory standards, ensuring the legality and normative nature of our operations.

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Ukrainian law

Analysis of Ukraine's mature and clear surrogacy regulations, focusing on the protections and conveniences for married heterosexual couples, as well as the prohibition of single-parent surrogacy.

  • Legality of surrogacy in Ukraine

    Article 123 of the Ukrainian Family Code stipulates that when a child is conceived via ART using the couple's own gametes (sperm and egg), they are automatically recognized as the legal parents. This holds true even with donated gametes, where intended parents are still recognized as legal parents.

  • Whose name is on the birth certificate?

    Per Article 123 of the Ukrainian Family Code, the surrogate mother has no right to be registered as the child's mother; the intended parents are the legal parents on the birth certificate.

  • Ukraine bans single-person surrogacy

    Under Article 123 of the Ukrainian Family Code, if an embryo conceived by a married couple (подружжя) via ART is transferred to another woman, that married couple is recognized as the child's parents.

  • Ukraine bans single-person surrogacy

    Article 21 of the same Code defines “подружжя” exclusively as a state-registered union between a man and a woman.

     
  • Ukraine bans single-person surrogacy

    Thus, only registered heterosexual married couples are eligible for surrogacy in Ukraine.

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    Georgian law

    Introduce the open policies on assisted reproduction, covering their legal applicability, and the efficient procedures and requirements for establishing parent-child relationships.

    • The legality of surrogacy in Georgia

      According to Article 143 of the Georgian Health Law, egg/sperm donation and surrogacy have been legal in Georgia since 1997.

    • Whose name is on the birth certificate?

      According to Article 143 of the Georgian Health Law, if an embryo obtained through in vitro fertilisation is implanted in the uterus of another woman (surrogate mother), the couple is recognised as the parents of the child, and the surrogate mother has no parental rights over the child.

    • Georgia allows single surrogacy

      Article 143 of the Georgian Health Law (1997) stipulates: "If embryos obtained through in vitro fertilisation are implanted into the uterus of another woman ('surrogate mother')... the written consent of the couple is mandatory. The couple shall be regarded as the parents..." The term "couple" is used in this article, but the text itself does not explicitly require the provision of a "marriage certificate" as a prerequisite.

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      Chinese law

      Interpret the core principles of children returning to settle in the country, including nationality recognition and key legal provisions for domestic household registration.

      • Can I register my residence after returning to the country?

        The Household Registration Ordinance guarantees every citizen's right to registration.

      • Is the child a Chinese national?

        Article 5 of the Nationality Law of the People's Republic of China: Where both parents or one parent is a Chinese citizen, a person born abroad has Chinese nationality.

      • Can children born out of wedlock be registered for household registration?

        Article 1071 of the Civil Code of the People's Republic of China stipulates: 'Children born out of wedlock enjoy the same rights as children born within wedlock, and no organisation or individual shall harm or discriminate against them. The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance costs for minor children or adult children who cannot live independently.'

      • Can children born out of wedlock be registered for household registration?

        General Office of the State Council's "Opinions on Solving the Registration of Household Registration for Persons without Household Registration" (Guo Ban Fa [2015] No. 96) core provision: To register permanent household registration for eight categories of persons without household registration, including children born out of wedlock, in accordance with the law

        Legal document

        Compliant legal documents are the only legal guarantee to ensure that children can return to the country smoothly and settle.

        Marriage certificate/Cohabitation proof

        Both the marriage certificate and cohabitation certificate need to be notarised and Hague-apostilled domestically, and the parents' names on the documents must match the names on the birth certificate.

        Power of Attorney

        Prospective parents need to sign a power of attorney with Militta IVF Agency, and it must be certified by The Hague, only then can Marita obtain legal authorisation to fully handle your matters in the surrogacy country

        Apostille

        The Hague Apostille is a certification procedure for the legality of official documents internationally, and must be carried out in the country where the document is issued.

        Notarisation

        All documents sent from China to surrogacy countries must be notarised by a notary department approved by the government of that country to confirm their local legal validity, which is a necessary foundation for subsequent procedures.

        Birth certificate

        Militta IVF Agency will expedite the processing of the child's birth certificate on their behalf. This document is the primary proof of the child's legal identity and directly affects all subsequent applications for official documents.

        DNA Test

        Militta IVF Agency services include paternity testing for prospective parents and children. This report is a key document for applying for a child's passport or travel certificate at Chinese consulates or embassies to prove biological relationship.

        Travel document/Passport

        Militta IVF Agency will prepare all the documents to be handed over to the prospective parents and will personally accompany them to the Chinese Embassy to assist with obtaining the child's passport or travel document, ensuring a smooth process.

        Business licence

        Militta IVF Agency holds valid business licences issued by the authorities in Georgia and Ukraine for her institutions and partner hospitals, all of which are registered on Google Maps (these are credentials strictly verified by the platform), proving that she is a legally registered and trustworthy entity.

        Surrogate mother visa

        Militta IVF Agency ensures that all surrogate mothers hold valid Georgian/Ukrainian visas, allowing them to legally stay locally until childbirth and postpartum recovery. This guarantees the continuity and stability of medical procedures and is fundamental to the smooth progress of the project.

        Residence permit

        Apart from local employees, all of Militta's foreign staff hold legal residence permits issued by the country, ensuring that the team's work and residence in Ukraine/Georgia are fully legal and compliant. This reflects the institution's standardised management model and the guarantee of long-term stable operations.

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