How the war in Ukraine revives a controversy around surrogacy

The Juristes pour l’Enfance association has filed five complaints against X with various courts, denouncing the birth under X in France of Ukrainian surrogate mothers, which it considers as a way of circumventing the ban on surrogacy ( GPA).

An anti GPA association

For this association, opposed to surrogacy, the war in Ukraine serves as a “pretext” to allow the delivery in France of Ukrainian surrogate mothers who have signed a surrogacy contract with French couples.

She indicated that she had filed a complaint with the public prosecutor in Aix-en-Provence, Amiens, La Roche-sur-Yon, Lyon and Saintes for “provocation to abandon a child”, after having learned, via the press, of five cases.

An open investigation

On the basis of a report from Charente-Maritime child welfare, the Saintes prosecutor’s office opened a preliminary investigation on Tuesday for “provocation to abandon a child”, “mediation between a couple and a person agreeing to carry the child” and “voluntary substitution, simulation or dissimulation having led to an attack on the civil status of a child”, announced in a press release the public prosecutor Benjamin Alla, who also confirmed having received a complaint from Juristes pour l’Enfance.

According to a source familiar with the matter, at least one other investigation has been opened in France.

“End impunity in France”

For couples who have signed a surrogacy contract with a Ukrainian surrogate mother who arrived in France because of the war, “it is expected that the mother will give birth falsely under X, that the father will carry out a prenatal recognition and that his or her spouse will deposit a request for full adoption of the child of the spouse”, describes the association in the complaints.

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“We hope to help ensure that justice takes up these cases, that investigations are opened, that prosecutions are carried out. These facts constitute a criminal offence,” declared the legal director of Juristes pour l’Enfance, Aude Mirkovic. She thus wishes to “contribute to ending impunity in France” in the GPA business.

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