Single man can 'buy' child with impunity

The Czech capital Prague is becoming increasingly popular for commercial surrogacy. Officially it is forbidden, but in practice a lot is possible. Gay couples and single men can also pick up a child here.

Czech authorities concluded a three-year investigation into human trafficking in early June. They investigated cases in which Ukrainian women in the Czech Republic gave birth to a child destined for presumably single non-Czech people.

The investigation centered on a private clinic in Kharkiv, Ukraine, that offers people the opportunity to 'order' a child. Research by the Czech news site Seznam Zpravy shows that interested parties from all over the world can choose skin color, gender and hair color via a catalog. The clinic then selects a suitable egg donor, after which a surrogate mother is fertilized.

Single men or gay couples cannot pick up their children in Ukraine; only a heterosexual couple can engage a surrogate mother. That is why there is Prague for other target groups. The surrogate mother gives birth in the Czech capital and then gives the client custody of the child. The man can then simply leave the Czech Republic with the child, without it being known whether he is capable of raising the child and what the motives behind his wish to have children are…

Thing

This logistical trick does not surprise the Czech professor Hana Konecna. According to her, this is possible in almost every country. Konecna, a psychologist and medical ethicist at the University of South Bohemia, told CNE.news that the Czech Republic is an obvious choice. “The Czech Republic is close to Ukraine. In addition, Czech is related to Ukrainian.”

Nevertheless, according to Konecna, this route would be possible in almost any other country. “You can't stop a foreign woman from giving birth. The woman can also name any possible man as father on the birth certificate.” The existence of sperm banks also means that the biological father does not necessarily have to be on the certificate.

Strictly speaking, this is human trafficking, say the Czech authorities. However, this is legally more difficult. Under Czech law, authorities must be able to prove that a child has ended up with a pedophile or is a victim of child pornography. This was not the case in the cases investigated. One of the ways to become a parent in the Czech Republic is to submit a letter of agreement from the mother and the husband to the town hall. In such a case it is difficult to determine the motives of the possibly unmarried couple.

Victim

According to Konecna, especially countries that restrict surrogacy are the victims of these logistics techniques. Several lawsuits have been filed in Europe in which surrogacy clients sued their state over restrictions on recognizing a biological alien child as their own. Often the plaintiffs were successful in protecting the child, even though the government had the law on its side. According to Konecna, this was often due to pressure from the European Court of Human Rights and other international organizations. The European Court recognizes that circumventing national legislation in this way is a problem, but emphasizes the best interests of the child. In doing so, the Court does not look at biological family ties.

According to Konecna, the only solution to preventing international human trafficking is to harmonize surrogacy laws in multiple countries. “One possible solution could be when countries agree to allow surrogacy exclusively for their own citizens.” That is currently the intention of Russia.

Recently, the European Parliament condemned surrogacy. In a resolution, it called the practice a form of "reproductive exploitation". However, this resolution is not binding on Member States.

As a professor, Konecna is also involved in the Council of Europe as a member of the Medical Ethics Committee. According to her, surrogacy is not high on the agenda of the human rights organization at the moment.

Magnifying glass

Surrogacy is also under a magnifying glass in France. In the country, any form of surrogacy is prohibited. President Macron calls this a red line he does not want to cross.

Since the war in Ukraine, the French prosecutor has opened at least two investigations into Ukrainian women who gave birth in France. The French judge is quick to turn a blind eye in such a case, Bernard Garcia told CNE.news. Garcia is a lawyer for the French Juristes pour l'Enfance, a child rights organization that recently called on the French authorities to enforce national law.

Although surrogacy is banned, in French opinion there is growing pressure to allow it so people can have children, according to Garcia. There are also financial motives. “This is a potential market where a lot of money can be involved and in which many organizations are interested.”

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