A Femen activist protests against surrogacy in Ukraine.
The Diplomat. 30/08/2018
The Ministry of Foreign Affairs yesterday issued a note in which it discourages starting any surrogacy process in Ukraine, after the Spanish Embassy in Kiev was informed in recent months of possible cases of medical malpractice associated with the processes of assisted reproduction and possible traffic of minors.
The note, which recalls that this recommendation has been made for years, is issued to clarify the situation in which there are about thirty Spanish families who, for the time being, can not return to Spain with the babies born. Families reported that they are having problems registering births in the Consular Civil Registry of the Embassy in Kiev in order for children to obtain Spanish nationality.
The Foreign Ministry indicates in the note that the Embassy “will attend individually to the thirty Spanish families who are in Ukraine to inform them about the current legislation, legal alternatives and to help them find the best possible solution.”
The Government has the obligation to preserve and protect the rights of pregnant women (or biological mothers) involved in this process, regardless of their nationality, as well as to protect the best interests of the child born.
Regarding the development of the files, the note states that the recent modification of the regulation of the organic law on data protection “is not the cause of any stoppage” and that each file is treated individually and requires the analysis of all the documentation presented by the interested parties. “An analysis -he underlines- that includes the verification that the Ukrainian legislation on subrogation and Spanish legislation is being respected, as well as the validity of the documentation presented”.