After all, you’d want to be able to bring your baby home without a hitch, and be recognized as the legal parents. Commercial surrogacy in Ukraine, Armenia, Georgia, etc. is allowed and laws that pertain to the process are favorable. But let’s take a closer look at what you need to know about surrogacy laws in Eastern Europe.
Common Eastern Europe Surrogacy Problems
So, you ask, have there been any Eastern European cases on surrogacy? Yes, there have been. The usual problem for these cases is the inability of the couple or the person who sought surrogacy to bring their child home to their own country. Unfortunately, international surrogacy laws that encompass all the countries on earth do not exist – each nation is governed by a different set of relevant laws. Which is why before anything else, you should first know the surrogacy laws in your own country.
Here are some of the most important questions you should find an answer to:
- Is surrogacy legal in your country?
- Would your own law legally recognize you as the parents? Or does it recognize the birth mother (in this case, the surrogate mother) as the child’s legal parent?
- Would your country recognize the child as a citizen?
- Could you even legally take your newborn home to your own country? Or would your country deny entry to your child?
For surrogacy laws in the Eastern Europe country of your choice, find answers to these questions:
- Is compensated surrogacy legal (in case you’re concerned about the welfare of the surrogate mother)?
- Would the surrogate mother have any claim on your child?
- Would you be able to bring the child out of the country without any problems?
- Are you even eligible for surrogacy in that country? Eligible candidates are usually those who can’t give birth due to limiting physical conditions including illnesses and non-functioning reproductive systems. Check the country’s laws before proceeding.
Due to the fact that the process has given rise to a lot of ethical concerns, surrogacy laws –Eastern Europe or not – are a tricky bit. If you’re unsure about the stand of your country on surrogacy, and want to know more about the laws in general, it is advisable to consult a surrogacy lawyer well-versed in Eastern Europe laws or get in touch with surrogacy facilitators to make it all easy for you.
Basic Laws on Surrogacy in Eastern Europe
Listed below are basic surrogacy laws of some of the more famous Eastern Europe destinations.
- Ukraine: Surrogacy is completely legal in Ukraine, and only healthy mothers who have had children before can become surrogates. Surrogates in Ukraine have zero parental rights over the child, as stated on Article 123 of the Family Code of Ukraine. Thus, a surrogate cannot refuse to hand the baby over in case she changes her mind after birth. Only married couples can legally go through gestational surrogacy in Ukraine.
- Russia: Russia, like Ukraine, has laws favorable not only to surrogacy but other human reproduction procedures. Be aware, however, that a single woman or an unmarried couple would have to go through court for their child to be legally recognized theirs in cases of gestational surrogacy. The country neither legally permits nor disallows single men to apply for surrogacy in the country.
- Bulgaria: Surrogacy was previously illegal in Bulgaria, but as the procedure is still practiced illegally, the government decided to sanction it. Instead of using the term surrogate, though, Bulgaria calls it the “substitute mother.” And any and all “substitute mothers” can only go through surrogacy twice.
- Georgia: Surrogacy in Georgia, Europe is legal, and has been so since the 90s. The country’s law on surrogacy and IVF states that a couple can apply for surrogacy if the woman has no uterus. A surrogate mother cannot exercise any parental rights over the child.
- Armenia: The country’s law states that surrogacy in Armenia is legal for both heterosexual and same-sex couples. Like in other countries, a contract between the surrogate mother and the parents is required. Surrogate mothers are bound by law to hand the child over to the parents.
Some countries like Poland and Romania among others have no defined surrogacy laws. And while it’s still possible to undergo the surrogacy process in those nations, it’s more than a tad risky for you! It might be a hassle, too, since you don’t have legal fallback if the surrogate mother changes her mind and refuses to give you the child or when it’s time to bring the baby home, and be legally recognized as your child. As you can see, laws on surrogacy in Eastern Europe are varied and, for some countries, vague and non-existent.
Eastern Europe Surrogacy Laws & Need for a Lawyer
A surrogacy lawyer having sound knowledge about Eastern Europe surrogacy laws might be needed later, when it’s time to establish the child’s citizenship. Earlier into the process, a surrogacy lawyer can inform you of the laws specific to the country of destination. The lawyer will also be able to advice you on the practices of each country, such as how many embryo implants a specific nation allows. As surrogacy is a sensitive procedure, and it will be done overseas, the help and advice of a surrogacy lawyer could be essential.
All these information might be a bit too much to chew at first. But simply put, make sure you know everything important about the surrogacy laws in Eastern Europe before you head to get your child there.
