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01 September 2020, 12:02
Criminal liability for violations in the field of reproductive technologies
The Committee considers the draft law No. 3488, which proposes changes
in one of the most controversial areas of medicine — reproductive
technologies and surrogacy.
According to the authors of the draft law, Ukraine is among the leaders in reproductive technologies in the world. At the same time, surrogacy in Ukraine has recently been the subject of public debate and international scandals. In April, 46 babies born by Ukrainian surrogate mothers were stuck at the Venice Hotel in Kyiv because their biological parents could not pick them up due to COVID-19 pandemic restrictions and closed borders. Verkhovna Rada Commissioner for Human Rights Lyudmila Denisova stated at the time that the rights of children could be violated due to the provision of the surrogacy services to foreigners. Denisova called for amendments in the legislation so that only Ukrainians use surrogacy services.
On April 5, police in Kyiv detained a group of individuals who were taking newborns abroad trying to cover it as a surrogacy program. According to the investigation, the scheme involved the heads of one of the capital's medical clinics that provide services in reproductive medicine, as well as a group of people who were looking for women in Ukraine to make fake marriages with foreigners and participate in surrogacy programs.
Surrogacy is a reproductive method that is regulated by law in very different ways in the world. For example, in the United States, 50 states allow surrogacy, in 4 states it is prohibited. It has been allowed in Israel for almost 25 years. The rights of a surrogate mother are strictly protected in Israel, her life cannot be controlled by “customer parents”, she also has the right to refuse invasive procedures, including abortion. In Canada, even altruistic motherhood is allowed, when a woman has the right to give birth to a child for her friends who cannot have kids. In Spain, Germany, Italy and France, surrogacy is only allowed for citizens. Providing surrogacy services for foreigners is prohibited.
What is suggested by the draft law No. 3488?
Draft Law No. 3488 proposes to introduce criminal and administrative liability for violations in the reproductive technologies:
- transfer of a human embryo into a woman’s body without her consent will be punished by up to three years in jail;
- if such transfer caused death or other serious consequences, it shall be punishable by a term of imprisonment from three to five years;
- disclosure of information on the use of reproductive technologies against the will of those involved, envisages a fine, community service or corrective work for up to two years;
- intentional violation of the child's genetic ties from one of the future parents during the transfer of a human embryo into another woman's body will be punished by up to three years in jail.
The draft law No. 3488 also provides for changes to the licensing of medical practice in the field of reproductive technologies and surrogacy. In particular, it is proposed to issue licenses for 5 years, and not perpetually, as it is now. In addition, clinics will be required to pay annually for the use of such a license. The amount of the annual fee will be one thousand subsistence minimums.
According to the authors of the draft law, Ukraine is among the leaders in reproductive technologies in the world. At the same time, surrogacy in Ukraine has recently been the subject of public debate and international scandals. In April, 46 babies born by Ukrainian surrogate mothers were stuck at the Venice Hotel in Kyiv because their biological parents could not pick them up due to COVID-19 pandemic restrictions and closed borders. Verkhovna Rada Commissioner for Human Rights Lyudmila Denisova stated at the time that the rights of children could be violated due to the provision of the surrogacy services to foreigners. Denisova called for amendments in the legislation so that only Ukrainians use surrogacy services.
On April 5, police in Kyiv detained a group of individuals who were taking newborns abroad trying to cover it as a surrogacy program. According to the investigation, the scheme involved the heads of one of the capital's medical clinics that provide services in reproductive medicine, as well as a group of people who were looking for women in Ukraine to make fake marriages with foreigners and participate in surrogacy programs.
Surrogacy is a reproductive method that is regulated by law in very different ways in the world. For example, in the United States, 50 states allow surrogacy, in 4 states it is prohibited. It has been allowed in Israel for almost 25 years. The rights of a surrogate mother are strictly protected in Israel, her life cannot be controlled by “customer parents”, she also has the right to refuse invasive procedures, including abortion. In Canada, even altruistic motherhood is allowed, when a woman has the right to give birth to a child for her friends who cannot have kids. In Spain, Germany, Italy and France, surrogacy is only allowed for citizens. Providing surrogacy services for foreigners is prohibited.
What is suggested by the draft law No. 3488?
Draft Law No. 3488 proposes to introduce criminal and administrative liability for violations in the reproductive technologies:
- transfer of a human embryo into a woman’s body without her consent will be punished by up to three years in jail;
- if such transfer caused death or other serious consequences, it shall be punishable by a term of imprisonment from three to five years;
- disclosure of information on the use of reproductive technologies against the will of those involved, envisages a fine, community service or corrective work for up to two years;
- intentional violation of the child's genetic ties from one of the future parents during the transfer of a human embryo into another woman's body will be punished by up to three years in jail.
The draft law No. 3488 also provides for changes to the licensing of medical practice in the field of reproductive technologies and surrogacy. In particular, it is proposed to issue licenses for 5 years, and not perpetually, as it is now. In addition, clinics will be required to pay annually for the use of such a license. The amount of the annual fee will be one thousand subsistence minimums.