There are no proper laws in Ukraine that regulate surrogacy to the necessary extent. This is particularly evident when intended parents are foreigners. According to Article 123 of the Family Code of Ukraine, parenthood is recognized based on genetic characteristics, however, this claim may miss the main objective of the law, namely the best interests of the child. This also means that the surrogate mother cannot keep the child. The formalities for the conclusion of the contract and the resulting legal consequences must be laid down in the law to allow the intended parents to enforce their claims. Current laws are very intrusive into the private life of the surrogate mother and her environment, which is a violation of the ECHR Convention. New laws are needed to provide better legal protection for both parties and take better account of the child's true interests.