Nadiya Helner, M Teneta

FEAMC Congress, Porto, October 2016

Bioethical issues of surrogatе maternity in Ukraine / Questions de bioéthique sur la gestation de substitution en Ukraine / Questões de bioética sobre a gestação de substituição na Ucrânia.

Summary /Résumé / Resumo

In Ukraine there are five state centers where you can conduct extremely complex reproductive manipulation: Ukraine is one of the few countries in the world where the use of high reproductive technologies including surrogacy and donation is completely legal. The law provides that in the event of the transfer of the body of another woman, the human embryo conceived by a married couple or a spouse, is the child of the couple or the spouse who conceived him. In addition, the law states that surrogacy can only be used on the citizens of Ukraine and the foreigners being citizens of the countries where the method of reproductive technologies is not prohibited by law. The Parliament imposed the restriction on the use of surrogate maternity in Ukraine. The increase in scientific progress leads to the division of mothers into 3 groups: genetic mother who gives the genetic material, surrogate mother who carries a pregnancy for another couple, social mother who brings up a child. In Ukraine there is a problem of special education programs which are not conducted for women ready to become surrogate mothers and which would instruct them before they take such a role. There are medical, psychological and ethical issues of surrogacy instead of solving the infertility problems. Such issues encourage women to become surrogate mothers for commercial reasons, especially in Ukraine.

According to the modern unbiased science, the human embryo at each stage of the development should be seen as a person, not as a “potential human being” as someone is trying to say. The beginning of the life cycle of a human being is connected with the formation of a unique genetic identity, which is expressed in a separate code from the maternal DNA. It is scientifically proven that the being who is in the womb has already been a completely separate entity.

Maternity purpose is to give a life and is directed to the good of a child. Surrogate maternity purpose is to occupy life and is directed to the good of parents. Is the desire to have a child = the right to have a child? Law is objective, universal and must be guaranteed. Desire is subjective, personal and should not be guaranteed. The child must be the fruit of conjugal love of a man and woman, not the result of some “techniques” that people got in the way of progress. Medical and technical progress should serve for a love marriage, but can never replace it.

Conclusions: Surrogate maternity is not morally licit. Surrogacy is objectively moral evil that can not be justified in any way or motivation.

Text /Texte / Texto

In Ukraine there are five state centers where you can conduct extremely complex reproductive manipulation: Kyiv, Kharkiv, Odesa, Donetsk, Ivano-Frankivsk. Ukraine is one of the few countries in the world where the use of high reproductive technologies including surrogacy and donation is completely legal.

Article 48 of the Law of Ukraine “Basic Law of Ukraine on Protection of Health” (as amended on February 12, 2008 № 121 -VI) indicates the conditions of the in vitro fertilization.

The Civil Code of Ukraine (as amended on January 21, 2010 No.1822-VI) determines the range of persons eligible to participate in programs of the assisted reproduction.

  • The law provides that in the event of the transfer of the body of another woman, the human embryo conceived by a married couple or a spouse, is the child of the couple or the spouse who conceived him.
  • In addition, the law states that surrogacy can only be used on the citizens of Ukraine and the foreigners being citizens of the countries where the method of reproductive technologies is not prohibited by law.
  • The Parliament imposed the restriction on the use of surrogate maternity in Ukraine.
  • In Ukraine, the commercial surrogacy is permitted (but not for the gay), the same as in Russia, Belarus, Kazakhstan and Georgia.

For the first time in 2012, the rate of giving birth by the mothers at the age of 30-35 years exceeded the number of the mothers who give birth at the age of 15-19 years. Twenty years ago, the ratio of these indicators was 2:3, and in 2011 it radically changed to 2:1.

The increase in reproductive age of women runs the risk of infertility and miscarriage. In connection with the social status of the broad segments of population in Ukraine, a pecuniary remuneration remains the motive force of surrogacy.

The increase in scientific progress leads to the division of mothers into three groups: genetic mother who gives the genetic material, surrogate mother who carries a pregnancy for another couple, social mother who brings up a child.

In Ukraine there is a problem of special education programs which are not conducted for women ready to become surrogate mothers and which would instruct them before they take such a role. There are medical, psychological and ethical issues of surrogacy instead of solving the infertility problems. Such issues encourage women to become surrogate mothers for commercial reasons, especially in Ukraine.

Document DONUM VITAE says: surrogate maternity represents an objective failure to meet the obligations of maternal love, conjugal fidelity and responsible maternity, it offends the dignity and the right of the child to be conceived, carried in the womb, brought into the world and brought up by his own parents, it stands to reason that surrogate maternity which is directed at the good of families actually makes a division between the physical, psychological and moral elements that constitute such families. Thus, surrogacy causes harm to the families.

By “Surrogate mother” the Instruction means: the woman who carries an embryo implanted in her uterus and who is genetically foreign to the embryo, because it has been obtained through the union of the gametes of “donors”; the woman who carries an embryo to whose procreation she has contributed the donation of her own ovum, fertilized through insemination with the sperm of a man other than her husband. She carries the pregnancy with a pledge to surrender the baby once he is born to the party who commissioned or made the agreement for the pregnancy.

Biological maternity means: the baby gets the genetic heredity from the genetic mother, but the immune system and protection mechanisms from the carrying mother. After birth, a child recognizes as his mother only the one who carries him. He recognizes her voice that is very important for the development of his hearing system and his psychological development. Both of them are biological co-mothers.

According to the modern unbiased science, the human embryo at each stage of the development should be seen as a person, not as a “potential human being” as someone is trying to say. The beginning of the life cycle of a human being is connected with the formation of a unique genetic identity, which is expressed in a separate code from the maternal DNA. It is scientifically proven that the being who is in the womb has already been a completely separate entity.

Maternity purpose is to give a life and is directed to the good of a child.

Surrogate maternity purpose is to occupy life and is directed to the good of parents.

Is the desire to have a child = the right to have a child? Law is objective, universal and must be guaranteed. Desire is subjective, personal and should not be guaranteed.

The results of surrogate maternity for a child:

  • Interpretation as a means to satisfy the desire of the parents
  • Hyper guardianship by the parents
  • Manipulation of a person
  • Deprivation of the right to know his biological roots

The results of surrogate maternity for child’s family:

  • Possible hereditary diseases that occur at any age
  • High expectations for the child

The results of surrogate maternity for her and her own family:

  • Money
  • Destruction of the system of family, negative relationship between husband and children
  • Feelings of guilt for surrogate maternity

The child must be the fruit of conjugal love of a man and woman, not the result of some “techniques” that people got in the way of progress.

Medical and technical progress should serve for a love marriage, but can never replace it.

Conclusions:

  • Surrogate maternity is not morally licit.
  • Surrogacy is objectively moral evil that can not be justified in any way or motivation.