The birth in France of Ukrainian surrogate mothers worries opponents of surrogacy.
In a context of war, some French couples have brought the woman who is carrying their child to France to bring him into the world far from the war.
"
This scheme pushes a notch further the diversion of the law, the exploitation of women and the children's market
", estimates the association Juriste pour l'Enfance which filed five complaints with the public prosecutor in Lyon, in Saintes, La Roche-sur-Yon, Amiens and Aix-en-Provence for “
incitement to child abandonment
”.
"Birthing under X is diverted from its purpose"
While the contract was signed in Ukraine and the artificial insemination was carried out on site, can the delivery be “
relocated
” to a country where the practice is prohibited?
To circumvent French legislation, which prohibits surrogacy, Ukrainian surrogate mothers give birth under X. The biological father of the child, who gave his gametes for conception, performs prenatal recognition of the child to establish his paternal filiation.
And in a second step, the intended mother launches a request for full adoption of the spouse's child.
"
The sponsors of surrogacy are guilty of the offense of incitement to child abandonment, punishable by law.
Childbirth under X is diverted from its purpose and used to allow the sponsors of the GPA to achieve their ends, to obtain a child without a mother, a child whose maternal line is voluntarily left empty.
It is a clear fraud in the law
”, protests Aude Mirkovic, lecturer in private law and legal director of the association.
The penalty incurred is 6 months in prison and a fine of 7,500 euros.
"There will be no tidal wave of surrogate mothers in France"
These complaints are not admissible "
because the association is not the direct victim of the offence
", underlines Me Clélia Richard, lawyer for several couples who have used surrogacy in Ukraine.
The latter considers that the arrival of surrogate mothers in France is a marginal phenomenon.
“
There shouldn't be much more than five deliveries.
In Ukraine, all medically assisted procreation activities have been stopped since the war.
There will be no tidal wave of surrogate mothers in France
", notes the lawyer who considers "
indecent to create controversy on these complicated situations linked to a context of war
".
She adds that, for the moment, only three children conceived by GPA were born in France, in April and May, for the couples she advises.
The prosecution, alerted to these situations by the couples' lawyer, has not initiated any proceedings for the moment.
Stop the “policy of the fait accompli”
The Juriste pour l'Enfance association also seeks to undermine the “
pseudo-humanitarian
” discourse on the arrival of Ukrainian surrogate mothers in France.
“
The goal is not to save these women but to have them give birth here so that the couples can more easily recover the child.
Can their arrival really be considered a choice?
By staying in Ukraine, they expose themselves to the risk of having to keep the child that the couples will not be able to pick up and of not being paid
, ”points out Aude Mirkovic.
Finally, the association denounces “
the inaction of the public authorities
”.
"
Emmanuel Macron affirms that the GPA is a red line that France will not cross but the public authorities let this practice settle in France, step by step.
If the judges turn a blind eye, the next step will be to directly recruit surrogate mothers in France,
warns Aude Mirkovic.
We must put a stop to this policy of the fait accompli
”.
