What does the war in Ukraine mean for international surrogacy arrangements?
Russia’s invasion of Ukraine continues to leave intended parents who have entered international surrogacy arrangements in a state of limbo.
Specialist surrogacy lawyer Sarah Wood-Heath from Clarke Willmott LLP, whose headquarters are in Bristol, says the war has left UK intended parents in an unprecedented position.
“Prior to the invasion, Ukraine was a popular destination for intended parents considering surrogacy arrangements,” said Sarah, a partner in the firm’s family team.
“Intended parents typically travelled to Ukraine before the child was born to complete the legal paperwork and register the birth using their own names on the Ukrainian birth certificate before travelling home with their baby.
“However, from a UK legal perspective, until a Parental Order is granted in the UK courts, the surrogate remains the legal parent of the child, and if she is married/in a civil partnership her husband/partner the other legal parent irrespective of the legal position in Ukraine.
“However, with British nationals advised against travel to Ukraine, they find themselves in a state of limbo. Neither can they move forward with fertility treatment using gametes stored in Ukrainian fertility clinics.”
In March, the Government sought to address concerns by offering to give visas to Ukrainian surrogate mothers and their immediate family members to enter the UK for up to three years.
They also agreed they would be prepared to grant visas outside the immigration rules for children already born there because of the exceptional circumstances.
“While this was welcome news, the unprecedented difficulties faced by UK intended parents are ongoing,” added Sarah.
“Some UK-intended parents who still have sperm, eggs and embryos stored in fertility clinics in Ukraine may wish to transport these to another country to continue treatment.
“However, if this is for treatment in the UK then this involves complying with strict rules set out by the Human Fertilisation and Embryology Authority. If these conditions are not met, it may be possible to apply for special directions.”
Sarah says with uncertainty prevailing it is important for any intended parents to seek specialist legal advice in respect of the immigration status and family status relating to their surrogacy arrangement and seek the support that is available to help them.
Clarke Willmott LLP is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton, and Taunton.
For further information visit: https: www.clarkewillmott.com
