Ukraine Parliament's Human Rights Commissioner Liudmyla Denisova has reported that at least 46 infants born in a Ukrainian clinic as part of a surrogacy program are now being held a Kyiv hotel under medical supervision, while their commissioning parents are forced to wait until the quarantine is eased.
Ukraine is one of the few countries where it is legal for surrogate mothers to offer third persons, including foreign nationals, their help in bearing their baby. A variety of institutions render medical and legal services sealing such deals.
The situation with the stranded newborns has pushed the Ombudsperson to slam criticism on the very issue of allowing foreigners to use surrogacy services in Ukraine, hinting at signs of human trafficking.
"This indicates that the state is not taking all appropriate measures to protect children's rights and dignity, while Ukraine is becoming a donor country for foreigners, giving birth to children whose fate it cannot control," Denisova wrote in an emotional post on Telegram.
She said surrogacy in Ukraine is a problem that requires a comprehensive and immediate response.
Denisova suggests it is necessary "to amend legislation" to allow surrogacy services to be rendered exclusively to Ukrainian citizens.
"I appeal to the National Police of Ukraine, the Ministry of Health of Ukraine, the Ministry of Social Policy of Ukraine to immediately respond to the situation that has arisen regarding children born with the help of surrogacy, joining forces for an urgent upgrade of legislation regarding the use of reproductive technologies and surrogacy by foreigners, not to allow uncontrolled trafficking of children. Children in Ukraine should not be the subject of human trafficking," she added.
There is no separate law regulating surrogacy in Ukraine. However, Article 139 Part 2 of the Family Code of Ukraine stipulates that contesting maternal affiliation of a genetic mother by a gestational carrier (surrogate mother) is prohibited.
Thus, the child of a Ukraine surrogacy arrangement is legally considered to be the child of the intended parents from the very moment of its conception, and the surrogate mother has no rights to the baby, according to UkraineSurrogacy.
Surrogacy law in Ukraine is very pro intended parents.