Date: 4 weeks ago   Category: Society

Surrogacy: as children are turned into goods

Now in the market of surrogacy in Ukraine of offers it is more, than couples which are in search of the corresponding "gestational courier" (so according to the adopted WHO classification call substitute mother). In Ukraine such service is quite lawful therefore cases when couples from the countries where surrogacy is forbidden, go for the child to Ukraine are frequent. But in the UN already sound the alarm concerning the rights of the children born in the similar way.

FACT. In March, 2018 the special rapporteur of the UN concerning trade in children and sexual exploitation of children Maude de Bour-Boucouicquio has urged to take measures for protection of the rights of the kids born by substitute mothers urgently. According to her, distribution of such service in the conditions of lack of international legal norms on her regulation threatens with the fact that children can turn into goods.

INTERNATIONAL CHILDREN. Arrangements on incubation of the child even more often consist between people from the different countries of the world, and it complicates legal regulation between subjects and protection of the rights of the child.

of Maude de Bour-Boucouicquio, the special rapporteur of the UN concerning trade in children and sexual exploitation of children: Surrogacy has to become a subject of international law quickly. The countries involved in process have to protect, first of all, children and not allow their discrimination, irrespective of differences in the legislation. CONTRACT of PURCHASE AND SALE. Now, if substitute mother earns reward, in international law all process corresponds to purchase and sale definition. According to Bour-Boucouicquio, quite so the situation in a number of the countries also is.

In the UN insist that courts and other competent authorities have to be connected to regulation of process. Private contracts between parents customers and substitute mother, as a rule, don't provide sufficient guarantees of protection of human rights.

of MOTHER FROM the THIRD COUNTRIES. Defenders of human rights are also disturbed by a tendency when genetic parents from the developed countries choose substitute mothers from developing countries where this process or isn't controlled at all, or is regulated not enough.

of Maude de Bour-Boucouicquio, the special rapporteur of the UN concerning trade in children and sexual exploitation of children: Practice of this sort leads to an imbalance of forces and increases vulnerability of children and substitute mothers to various forms of operation. Now, when a number of the countries reconsiders the policy for surrogacy, the expert has urged all states to support the initiative of creation of system of the international legal regulation.

I though in Ukraine surrogacy is stated in the Family code which has come into force on January 1, 2004 the norms specified there concern only the rights of potential parents and the woman who is giving birth for them to the child. Nothing is told about the rights of the child.



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