Ukrainian baby scandal: what solutions for children?

Press release from Juristes pour l'Enfance.

Lat closing of boundary revealed to the world the plight of dozens (soon hundreds) of children born GPA en Ukraine, gathered in improvised nurseries by surrogacy agencies whose clients are prevented from coming to pick up the ordered child.

The cruel situation of these babies highlights the urgency to legislate firmly to definitively proscribe this trafficking in human beings which violates the rights of children.

The Lawyers for Children association welcomes the declaration of the Commissioner for the Rights of the Child of the Ukrainian President, Mykola Kuleba, in favor of a ban on surrogacy in Ukraine.

She once again calls on France to launch the initiative for an international moratorium on surrogacy.

For now, care should be taken for children who are spending the first weeks of their lives in isolation.

These children were not born alone, because no one was born alone: ​​they were born to a mother whose surrogacy contract organized the disappearance from their birth. Even in cases where sponsors come to receive the child, the child is still separated from its birth mother, deliberately exposed to the well-known risk of abandonment injury, a major traumatic shock which, if revealed by under the present circumstances, exists in all surrogates.

To this planned abandonment, is added today the absence of secure emotional relationships for long weeks.

The loneliness and isolation of the children are the consequence of the contract between the surrogate mother, the agency and those who ordered these children: it is because the child was considered, even before its conception, as a commodity. that we give in, that it now undergoes the fate of goods stored in warehouses while waiting to be recovered.

In addition, if the closing of the borders reveals the shocking situation of the children not received, this situation is in reality nothing exceptional and the surrogacy exposes each time the child to the risk that the sponsors do not recover him for various reasons. (change of mind, separation of the couple, disabled child, death of the sponsor, etc.).

Ukrainian bishops called for "the prohibition of surrogacy in any form and the guarantee of adequate custody and adoption of newborns."

Italy had already made this choice to withdraw the child obtained by Surrogacy in Russia from the sponsoring couple in order to entrust it to a foster family with a view to its adoption, and had won the case before the Grand Chamber of the European Court. human rights (ECHR, 27 Jan. 2015, no.25358 / 12, Paradiso and Campanelli v. Italy).

Of course, among the foreign sponsors, the man is most often the biological father of the child: entrusting the child to adoption would deprive him of his biological father.

However, the contractors are hardly moved by depriving the child of its biological mother, after having made maternity obscure by dissociating it between an oocyte donor and a surrogate. In fact, it appears that the biological link is only of value to the extent that it suits adults.

The extreme difficulty of finding a just situation for these Ukrainian children reveals the impasse to which surrogacy leads, which exposes children to this kind of situation.

This is why Jurists for Children calls for:

  • The immediate closure of all clinics, agencies and companies specializing in surrogacy, the seizure of their property with a view to the creation of foundations intended to help children (orphanages, organizations helping mothers in distress, organizations sponsoring children and supporting families).
  • The adoption of an international convention prohibiting surrogacy

source: Lawyers for Children

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