Ukraine, as we have discussed several times in our articles about the surrogacy It has been, and continues to be, one of the preferred destinations for many married heterosexual couples who for some reason cannot have children.
In recent months, the issue of surrogacy in Ukraine This has been a major topic in the Spanish press. In fact, some families who have recently had children through this technique have encountered difficulties with the paperwork at the Consulate. The Consulate has repeatedly attempted to halt the registration of these children. Although, after some time, it has decided to re-register the babies on several occasions. The initial refusals were explained as changes in the Spanish Consulate's stance in Kyiv. However, last February, for the first time ever, the Consulate denied six couples the registration of their children, requiring a court order to proceed. This order would have involved a local judge reviewing the legality of the process and determining parentage in favor of the commissioning parents, as required by the Instruction of October 5, 2010, from the Directorate General of Registries and Notaries (DGRN).
At Intraius, we want to emphasize that, despite what that instruction stipulated, children were always registered in Kyiv without problems, although not in favor of the commissioning parents, recognizing the genetic parentage of the father and the biological parentage of the mother who gave birth, i.e., the gestational mother. Following the blockade and protests from families, on February 14, 2019, the DGRN (Directorate General of Registries and Notaries) intervened and, through a new instruction, put an end to the practice. discrimination regarding the registration of children born through surrogacy. In other words, until then, as mentioned previously, the Instruction of the Directorate General of Registries and Notaries (DGRN) of October 5, 2010, was applicable. This instruction granted civil registry officials the authority to register births only when parentage was established by a court order, and categorically stated that such registration could not be carried out when parentage was established by a simple birth certificate. It should be emphasized that such court orders existed in the USA, Canada, and Greece, and more recently in Russia (regarding Russia, we invite you to read our article on this topic).
The new 2019 Instruction finally regulated the registration process, although not under the same conditions as in countries where a court order is obtained. It stipulated that consular civil registries had to register both the genetic father and the surrogate mother. Then, obviously, the Spanish commissioning mother in Spain had the legal capacity to... to recognize their parentage precisely through adoption. Although, in my opinion, this instruction did not eliminate existing discrimination, it at least provided a solution for families who go to countries where parentage is only recorded on a birth certificate.
However, on February 18, 2019, the Ministry of Justice, with a new instruction, left The latest resolution of the DGRN is without effect.It indicated that for the registration of minors born through surrogacy, the previous Instruction of the DGRN of 2010 must be taken as a reference, that is, the one that had produced the historical blockage discussed in the previous paragraphs.
At this moment in kyiv is registering children born up to February 18. It is presumed that those born later will have to leave with a Ukrainian passport and then regularize their situation in Spain by filing legal actions to claim said parentage.
How to recognize parentage in Spain if the Consulate denies registration.
On this aspect At Intraius we have no doubts. In fact, as pioneers in surrogacy in Russia, we have also had the opportunity to handle similar cases, even for parents who were unable to provide genetic material. The Spanish Supreme Court, in its rulings on surrogacy, clearly indicates the legal mechanisms available to establish the child's parentage (in Spain) and repeatedly affirms that Spain, unlike other European Union countries, has legal mechanisms in its legal system to recognize the parentage of the intended parents. Furthermore, contrary to the actions of the State Administration, it clearly states that in these cases, the best interests of the child must be protected by integrating them into the family through the recognition of the intended parents' parentage.
At Intraius We have advised hundreds of parents in cases of recognition of parentage in Spain. We have obtained favorable rulings that directly recognize the parentage of both commissioning parents. However, if in the first trial the Court chooses to recognize the genetic father and the biological mother, the parentage of the Spanish commissioning mother would be recognized through adoption.
How to leave Ukraine
At Intraius we have already assured our clients – and all potential stakeholders – that Our team of expert lawyers in international law We have long anticipated the potential surge in this situation and are therefore well-prepared to assist you in overcoming this difficulty. The Consulate has already notified professionals in the sector that it will begin denying registrations for children born on or after February 18. From that date forward, the only option for leaving the country is to obtain a Ukrainian passport that will allow the children to return to Spain with their parents.
Ukrainian law allows, in certain cases, for the recognition of Ukrainian citizenship for children born in the country. Specifically, Ukraine grants citizenship to a child when they cannot obtain it through their parents; that is, if there is a risk or it is evident that the child could become stateless. The Ukrainian state recognizes his citizenship. After obtaining it and getting a Ukrainian passport, the parents with their babies could travel to Spain and then recognize parentage in their country of residence.
Given that in this case the The Consulate will officially deny registration applications; it is advisable to initiate legal proceedings in Spain as soon as possible..
Peace of mind for Intraius customers
At Intraius we want to clarify that our clients They always know what the legal solutions are. to leave the child's country of birth, as well as those relating to the recognition of parentage in Spain.
Alternatives to Ukraine
For us Ukraine remains a viable and safe country. We are confident that after the first Ukrainian passports are obtained, families will feel more secure and will see that there are no obstacles to continuing surrogacy processes in that country. In any case, Intraius is a law firm with a network of contacts and works in all countries where surrogacy is permitted. surrogacy with medical and legal guarantees. We believe that Russia is a good alternative in terms of clinic quality and price. We consider ourselves pioneers in surrogacy there, and we have successfully resolved even the most complex cases. In Russia, prices for heterosexual couples are similar to those in Ukraine, and the clinics we work with are even more prestigious. Furthermore, Russian law offers pathways to leave the country without problems and within 20 days.
To learn more, we invite you to read our article about Russia or contact us, and without any obligation, we will explain everything in detail. how surrogacy works in that country.
Franco Antonio Zenna, partner and lawyer specializing in international law at Intraius.
