The fate of children born within the framework of surrogacy
June 17, 2020
Everyone knows that society's attitude towards surrogacy is ambiguous. Some believe it is an immoral act of making the child a commodity while exploiting the woman’s body. Others believe that it is the only possibility for some childless couples to have a baby sharing their genetic heritage.
During the coronavirus pandemic, new challenges arose for married couples, when Ukraine prohibited foreigners from entering its territory. (The Order of the Cabinet of Ministers “On the temporary restriction of the crossing of state borders, aimed at preventing the spread of acute respiratory disease COVID-19 in Ukraine”). Many foreigners were unable to pick up their children at birth.
On the one hand, Muslim countries have opposed surrogacy at the legislative level. Also, in Europe, some countries have banned the use of these reproductive technologies. The question concerns in particular Germany, France, Sweden, Switzerland, and Norway, which prohibit by law the use of surrogate gestation.
In Ukraine, surrogacy is governed by several legal acts:
Article 123 of the Family Code of Ukraine on determining the origin of a child born through the use of assisted reproduction technologies:
1. If a woman gives birth conceived through the use of assisted reproduction techniques with the written consent of her husband, the baby is registered by the father of the child.
2. In the case of transfer to another woman of a human embryo conceived by the spouses (male or female) following the application of assisted reproduction techniques, the parents of the child are the spouses.
Article 281, paragraph 7 of the Civil Code of Ukraine states that adult women and men have the right, for medical reasons, to carry out assisted reproductive technology treatment programs in accordance with the procedure and conditions established by law.
The decree of the Ministry of HealthВ “The approval of the procedure for the application of assisted reproduction technologies in Ukraine.”