In view of the war in Ukraine, Ukrainian surrogate mothers gave birth in France, helped by the French couples for whom they were to give birth. A situation that worries opponents of surrogacy, who have already filed five complaints.
[Mise à jour du 10 mai 2022 à 16h37]. The war in ukraine gives rise to an unprecedented situation, which worries the opponents of surrogacy. If surrogacy is prohibited in France, it is authorized in Ukraine for foreign couples, and many French people unable to naturally have a child have had recourse to it. To welcome their baby safely, far from the bombardments, and without delay or risk of being turned back at the border, these couples managed to bring their surrogate mother to give birth in France. A circumvention of the law that worries opponents of surrogacy, including the Association Juriste pour l’Enfance, which filed a complaint 5 times for “incitement to child abandonment” precise Le Figaro. The latter considers that “this stratagem pushes a step further the hijacking of the law, the exploitation of women and the child market“.
Childbirth under X as a spring
To be able to recognize the child, the surrogate mothers give birth under X, while the biological father, who took part in the medical conception in Ukraine, prenatal recognition of the child to ensure his paternal filiation. As for the future mother, she launches a plenary request for adoption of the spouse’s child. An annoying ploy, even considered a “blatant fraud against the law” according to the legal director of the association, Aude Mirkovic. “The sponsors of surrogacy are guilty of the offense of incitement to child abandonment, punishable by law. Childbirth under X is diverted from its purpose and used to allow the sponsors of the GPA to achieve their ends, to obtain a child without a mother” she explains.
Bringing women to safety and saving them from war is only an alibi”pseudo-humanitarian“, adds the association Juriste pour l’Enfance, the real goal being only to recover the baby. Also, “en remaining in Ukraine, they expose themselves to the risk of having to keep the child that the couples will not be able to pick up and of not being paid”. As for the lawyer for several couples who have had recourse to the process of GPA in UkraineIt is “indecent to create controversy over these complicated situations linked to a context of war“. Only three children from surrogacy made in Ukraine were born in France, and there is no risk of “tidal waves of surrogate mothers“. Fact, “all medically assisted procreation activities have been stopped since the war” emphasizes Me Clelia Richard. The complaint risks for its part not having a follow-up, explaining that the association which is at the origin of it is not the direct victim of the offense.