Today in Ukraine there are many women who become surrogate mothers to bear children and other biological parent. The attitude of society to the phenomenon of ambiguous, but it does exist in the legal field, and such services are even openly advertised.
How safe is the right time for mothers and children they give birth? On this and other questions to the Director of the Department of legal, social and humanitarian assistance to public organizations "La Strada - Ukraine", the lawyer Marina legenky.
- How surrogacy in demand in Ukraine?
- reproductive technologies surrogacy is fairly new to Ukraine and acquires from us becoming more common. Quite often this is due to the fact that here are turning foreign couples seeking a child for the relevant services, and in their countries this practice is not available. In Ukraine, it is legal. Work related clinics, lawyers draw up the necessary documents.
Most European countries now refuse this technology. And in fact, surrogacy is allowed only in Ukraine, Russia, Belarus and some US states.
- Women are no regions of the country most often offer their services time mothers?
- The "La Strada - Ukraine" in the National "hot line" advice of lawyers or psychologists refer women who are going to become surrogate mothers already hatching or birth of the child. Last year we had 71 the appropriate call. The most advantageous is the Central and Western Ukraine. Who added and the calls from the eastern regions, but this is a trend the end of last year and beginning of this - there used to be much smaller.
- What are the social groups they represent?
- Distributed by the stereotype that this step dare to poor women. In reality it is not. Most women who become surrogate mothers, not the poor, but in need of material resources due to certain circumstances. I know of cases where it was a question of money on the education of the child, for the treatment of close relatives. There is a category of women who decide the issues so the content of children after a divorce with her husband.
- How high is the "surrogate" fee?
- It depends on many factors: how many children are being hatched, the services of medical institutions are. On average, it can be 10 thousand. conventional units. But there may be more - up to 20 thousand.
This immediate gratification at the birth of a healthy baby.
Different circumstances and conditions may need to be spelled out in the contract. So when our lawyers on the "hot line" advise such women, the stress that you need to work out very clearly all the items of the contract. A woman should know that he will receive in case something goes wrong with the pregnancy, will be funded additionally, for example, the nutrition of pregnant women, a possible change in its place of residence, additional medical expenses. Some women are categorically not want to leave their homes because they have a certain social anchor, proximity to place of work, for example. Some insist on the contrary, they need to go almost from the first days of pregnancy, because the shy, do not want to know about pregnancy, relatives and friends.
- put forward there any requirements for surrogate mothers?
- Clearly there is no age limit, but received appeals can see that the average woman is 30 years old.
Regarding a medical condition, there are certain medical protocols, the corresponding order of Ministry of Health of Ukraine, according to which medical examinations are carried out. There are certain medical criteria.
There is another criterion: woman have to have at least one healthy child, whose birth.
If the woman is married for the services of a surrogate mother she needed mandatory consent of the husband.
- Who uses the services of predominantly Ukrainian surrogate mothers - foreign or Ukrainian pair?
- I have already said that in recent years has become much more requests from abroad. According to the women who call us, it's mainly Germany, France, Belgium, Spain. 90% - is the EU.
reproductive technology the cost is quite high. We are talking not only about the fee a surrogate mother. Expensive medical procedures are carried out. Not all Ukrainian couples who would like to have your own child, it's available.
For foreigners, "Ukrainian variant of" just is more acceptable: in comparison with the US, it is much cheaper.
- As surrogacy fits into the current Ukrainian legislation?
- We do not have a special law that would regulate this area of reproductive technologies. But we have a rule in the Family Code, the origin of a child born using reproductive technologies surrogacy is determined by the biological parents. So, the Family Code clearly regulates legal surrogacy. In accordance with this norm, parental Copyright spouses who gave consent to the application of assisted reproductive technologies.
Accordingly, spelled out the rate of registration of the child: parents independently register his birth with the relevant medical documents.
The legislation clearly establishes the birth and origin of the child, but does not regulate at the same time any more questions. They are governed by civil law, because it is a contractual relationship. That is, there is no clear limit.
There is also a corresponding order of Ministry of Health, which regulates the reproductive technology exclusively from the medical point of view. But there are certain things the terminology that should be included in legislation.
Based on the situation today in Ukraine is urgent to adopt a special law that would comprehensively regulate the surrogacy.
- That is, according to Ukrainian legislation surrogate mothers have no rights to the child, who brings?
- The vast majority of the Family Code defines clearly the origin of the child from the couple that provided biological material. Problems arise. Sometimes - in the legal field, sometimes - because of the psychological burden on surrogate mothers.
In the past year we turned the surrogate mother in Kiev, which carry a child up to the eighth month of pregnancy, and then refused to give it. She called that drove into the countryside, and will live there with a baby, even though the house was her own child.
With this woman has repeatedly communicated our psychologist. It is a pity that the appropriate expert from the outset did not appreciate the willingness of women to become a surrogate mother, I saw no problems and did not react to them.
In another case, the child at the time of birth was seriously injured. Biological parents, who were customers, not given up on him, and took in fully paid the fee a surrogate mother. Although according to the contract they should not have done that.
The event of litigation relating to the recognition of parental rights, but decisions about which I know are submitted in favor of the biological parents in the case was concluded the contract.
- What rights are assigned to the surrogate mother as she can to protect them and what risks usually faced?
- All rights surrogate mother are issued only three-way contract between her biological parents of the child and the clinic. There may be several rights groups.
This medical rights as clearly stipulated what medical examinations are carried out, any medical support and to what extent will be provided to women during pregnancy and so on.
There are economic rights relating to the remuneration of a surrogate mother, payment of its power, if necessary - change of residence. In some cases, it could be due to the additional monthly fee of, say, 300 euros.
Therefore, here you need to clearly look at the contract, and it is different in every clinic. The woman usually needs to work with the psychologist and the psychosocial support is also very often provides the clinic. But it is precisely this question is very problematic. Given the increase in demand for surrogate mothers, the clinic does not value very deeply the psychological readiness of women to become a surrogate mother. And do not have adequate support on this issue during pregnancy.
Surrogate mother is forbidden to know where her child is born, and what happens to him. But many women are constantly thinking about this, refer to the psychologists, including our organization. They think that they left the child, so they can not come to terms with the situation. Therefore, just attention to the psychological state of the woman is very necessary.
- How protected the rights of children of surrogate mothers? Are they stored them in countries where they are taken?
- This is one of the most difficult issues, which causes a lot of discussion. There is a legally enforceable right of biological parents. More or less clear with the rights of surrogate mothers: it is her free will. Like, my body - my point is that I want, I'm doing with it within the law. And what about the rights of the child?
When it comes to the embryo at the time of transplant, then of course, we are not talking about the child and his or her rights. But when he was born, then, in accordance with international standards, it has a right to know their origins and their parents, from which he originates. But it is not envisaged that the reproductive technology. And because the certificate is issued solely on the biological parents, such children are usually not aware of their surrogate mothers. They have no legal grounds for it and it is simply impossible to keep track.
- Can we consider surrogacy manifestation of trafficking in persons?
- From the point of view of the law, there can not be. This is the kind of reproductive technology, not human trafficking. But at the same surrogacy - a thin sphere, it can use to abuse. And surrogacy is one of the risks of involvement in human trafficking situation. We in Ukraine have cases where women are encouraged to become surrogate mothers and under this kind of forced to provide sexual services.
- As far as your understanding of ethical surrogacy?
- For me personally, this is a complex question. Responding to him as a lawyer, I would say that it is legitimate, it is the free choice of women, and yet it is within the law, it can be.
Everything is permissible and ethically. But from the standpoint of psychological readiness it is very hard. Surrogate mother is difficult to step back and convince yourself that she is carrying and giving birth is not his child. This is indicated by all with whom one had to communicate. Some are traumatized for a long time. Therefore it is not for all women surrogacy is feasible and possible.
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