Recently, the European Court
of Human Rights found a violation of the Italian spouses’ rights. The case is Italian authorities take away spouses’
child born by surrogate mother in Russia. In February 2011, in Moscow,
surrogate mother gave birth to a child for Italian couple who were written as parents
according to the Russian law. A few days after their arrival in Italy, new
parents address municipal authorities of the city in order to register the
child. Meanwhile, Italian Consulate in Moscow has informed Italian Foreign
Ministry, Juvenile Court and municipal authorities that child’s birth certificate
contains incorrect information. In May 2011, Italian authorities have resumed
that the couple violate the law and started the process for the child’s removal
from the family. Due to the fact that child had no biological connection with Italian
spouses (in Russia couple used surrogacy with donor eggs and sperm) he was
taken from the family and sent to the orphanage without. Italian parents had no
information about his whereabouts and right to contact with him. In January
2013, child was adopted and in April of the same year he was registered under
another name. European Court found a violation of the rights of Italian couple
and ordered Italy to pay the applicants 20,000
euros in respect of non-pecuniary damage and 10,000 euros in respect of costs
and expenses. As of the child he stay in foster family.
Carabineer of the main department
of the Rome customs control commented concerning court decision and warned
Italian couples who would like to use the services of surrogate mother abroad.
In particular, he said: "Although the European Court of Human Rights
condemned Italy for the fact that authorities took the child born by surrogate
mother in Russia, it’s not the final authority for us and there is Italian law,
which clearly says - use of surrogate motherhood is banned and faces the 15-year
term of imprisonment".
According to internal
statistics of the Italian customs control, every month nearly 5-6 couples with
newborn children arrive in Rome from Ukraine. It causes suspicion of the
Italian authorities that these children is a result of surrogate motherhood.
Over the past 5 years more than a thousand of such pairs flew in Italy.
During the interview
carabineer also added that arriving in Italy all Italian couples with newborns
will be conducted questioning and taken DNA samples on the relationship with
child. In this case, under the Italian law, parents have the right to choose
which of them will participate in the DNA testing (husband or wife). If DNA result
shows that child isn’t genetically related with none of parents special social
services will be able to take him out of the family.
Using assisted methods of
reproductive medicine do not forget about the legal side of the issue. International
laws concerning the ART use differ in European states. Therefore, conducting
the program legally in one country, you can face a certain challenges at home.
Russia, in this respect, offers all the options and possibilities, not always
thinking about consequences that patients can face with at home.
Author's note: Ukraine and
Russia are among the leaders carrying surrogate motherhood and egg donation programs.
Laws of these states allow such procedures and the issue of surrogate
motherhood is written in a number of juridical regulations. Russia has always
been in the top list of surrogacy leaders for foreigners. But in the recent
years, Ukraine has grabbed the biggest piece of the pie. Ukrainian reproductive
medicine is proud of its high effectiveness, good prices and appropriate
service. In addition Ukrainian law protects the rights of parents who use
services of surrogate mother. While in Russia, surrogate mother has the right
to change her mind and do not give baby back to intended parents.
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