“In Ukraine, it’s legal and it’s regulated”

The Russian invasion has not completely stopped foreigners in their search for a surrogate mother in Ukraine.


“We have a South American couple currently in Kyiv, they have been there for weeks, because they wanted to be there in advance in anticipation of the birth, illustrates Susan Kersch-Kibler, founder of the Delivering Dreams agency . There are a lot of warning sirens in Kyiv. But everyone is fine, I haven’t received any worried calls, no complaints, nothing. »

The American founded her agency in 2007, in New Jersey, to serve as an intermediary between intended parents and surrogate mothers. Her clients come from different countries, but the surrogate mothers are all Ukrainian. “It’s because of legality,” she explains, a Ukrainian flag clearly visible on her desk during the video interview. In Ukraine, it is legal and it is regulated. »

The start of the invasion caused a period of uncertainty for Ukrainian reproductive clinics, but the sector has resumed its activities.

Since the start of the Russian invasion in February 2022, more than 1,000 children have been born to surrogate mothers, according to data collected in Ukrainian clinics by the Guardian, compared to around 2,500 per year previously.

If Mme Kersch-Kibler assures that surrogacy can be done safely in a large country like Ukraine, by housing pregnant women far from the front line – she herself continues to go there regularly –, other specialists on the subject advise against this destination.


PHOTO LYNSEY ADDARIO, THE NEW YORK TIMES ARCHIVES

Babies born to surrogate mothers were placed safe from war in a basement nursery in March 2022 in Kyiv.

“Irresponsible”

“Since the start of the war, we have maintained a very firm position which we consider irresponsible for intended parents to turn to a country at war”, indicates by videoconference Sam Everingham, global director of the Australian organization Growing Families , specialized in the field.

Because of the security issues for the woman, the baby and the parents, and the instability which can lead to closures – particularly of consular services when the time comes to sort out the administrative details to recover the baby. But, also, for ethical questions.

Our position is that it is not ethical to opt for a country at war. We were happy to help people who already had pregnancies in progress when the war began, but our policy is not to help those who decided to engage in this process after the war began in February 2022.

Sam Everingham, global director of Australian organization Growing Families

The early hours of the invasion caused headaches for surrogate mothers, intended parents and surrogacy agencies. Security specialists were sent to the site to assist in the evacuations.


PHOTO LYNSEY ADDARIO, THE NEW YORK TIMES ARCHIVES

Surrogate mother having just given birth, in Kyiv, in August 2022

Rehousing pregnant women outside Ukraine’s borders may seem like a good idea, but it creates a legal headache due to different country-to-country legislation for recognizing parents. If one of these women gave birth in Poland, for example, the baby would likely be recognized as legally hers and the intended parents would have great difficulty getting their baby back. While in Ukraine, the intended parents are considered the father and mother of the newborn.

Popular destination

Before the war, Ukraine was “a massive destination” for heterosexual couples opting to procreate abroad, due to its laws and costs, Mr. Everingham says. Half of his organization’s clientele – he estimates helping between 400 and 500 people per year – dealt with a Ukrainian surrogate mother.

The country allows paid surrogacy for heterosexual couples unable to procreate, regardless of their country of origin. In Canada, as in many countries, a surrogate mother cannot be paid for this procedure.


PHOTO LYNSEY ADDARIO, THE NEW YORK TIMES ARCHIVES

An attendant cares for a baby born to a surrogate mother, in Kyiv, March 2022

Ukraine has positioned itself as a financially advantageous choice over the years: while prices vary depending on the service, using a surrogate mother would cost a minimum of US$33,500 in Ukraine compared to US$110,000 in the United States. according to a compilation by the Australian organization.

It is also because of the costs, the laws and the expertise already there that couples continue to choose this country, despite the war.

Some opt for Ukraine because their embryos were already there and they didn’t want to move them, others because they couldn’t afford to go elsewhere or because they had a good experience in Ukraine .

Sam Everingham, global director of Australian organization Growing Families

Paid

It is also a way for clinics, agencies and women to resume a lucrative activity, while the Ukrainian economy is suffering from the war.

Delivering Dreams surrogate mothers “earn five or six times the annual salary in Ukraine”, assures Mme Kersch-Kibler. “They can buy a house, take care of their children,” she adds.

She is not overly worried about the safety of these women housed in the west of the country, where she went last May. As for the agency’s intended parents, they now go to Slovakia rather than Ukraine for samples leading to fertilization or send eggs or sperm by specialized transport. “No one refused to go to Ukraine” to pick up the baby, she said. These intended parents go through Kyiv to sort out the administrative details.


PHOTO LYNSEY ADDARIO, THE NEW YORK TIMES ARCHIVES

Svitlana Burkovska, owner of a small surrogacy agency, photographs a baby for her biological parents, August 2022, in Kyiv.

While it is true that Kyiv and the west of the country were little affected by the fighting, the region was not completely spared from war and missile attacks.

Canada advises against all travel to Ukraine.

It remains unclear how many Canadian parents used Ukrainian surrogate mothers, either recently or before the war. By law, a child with a biological or legal relationship to a Canadian citizen is automatically granted Canadian citizenship. It was not possible to know the number of Canadian passports issued for newborns in Ukraine in recent years. The communications department of Immigration, Refugees and Citizenship Canada indicated that it did not have data on the subject or on passports given to children born to surrogate mothers abroad.


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