German Parents of the Child Born to a Surrogate Still Have a Chance to Win Their Case

15.10.2012

German infertile couples desiring to have their own child often resort to the services of surrogates. Especially popular are "rented moms" from Ukraine. Is it possible to bring the child to Germany, where surrogacy is prohibited?

It was on the news month ago, that a German couple cannot take their child born to a Ukrainian surrogate to Germany. German embassy in Kiev refused to issue the passport for the child. By the decision of the Administrative Court of Berlin on September 10, the child is not eligible for the German passport. It needs to be said, though, that the court decision is not final, and such cases are often resolved positively.

Legal mechanism

"This decision was taken according to an accelerated procedure. At that time not all documents were prepared yet," - says the pair's lawyer Eduard Kowis. An appellation has been filed, and now the case has been taken to the next level - the highest administrative court of Berlin and Brandenburg. "The judges informed of the conditions that will affect the decision. The surrogate from Ukraine needs to confirm the paternity of the genetic father," - says Kovis.

Edward Kovis, an attorney specializing in family law, believes that the court will take a positive decision. His opinion is based on many years of experience dealing with similar cases. "So far there were no problems. Many parents were able to take their children after all the formalities have been settled," – he said in an interview with DW.

According to Kowis, legal difficulties are solved in the following manner: a surrogate mother in Ukraine gives permission for her child to travel to its father in Germany. And in Germany the child is adopted by its biological mother. German law recognizes the child’s genetic father as its lawful father, while the lawful mother is the woman who has given birth to the child, that is the Ukrainian surrogate.

Popularity of Ukrainian surrogate mothers

According to the Ukrainian Association of Reproductive Medicine, about 150-200 children are born to surrogates in this country every year on commercial terms. In Ukraine there are many agencies offering help in finding a suitable surrogate mother, and many of them specialize in working with international couples. From posts in German press and online forums it is clear that Ukraine and India top the list of countries where German couples most often search for women to carry and give birth to their children.

There are a number of reasons for the popularity of Ukrainian surrogates. In the first place it is the price. Total costs of childbearing, medical and legal support may often range from 15 to 30 Euros. In the U.S. it costs about three times more expensive. In India such services can be cheaper, but Indian law is more protective of the surrogate mother, not the genetic parents.

Ukraine has the most loyal legislation in Europe in this area. Genetic mother is recognized as a lawful mother, not the woman who gave birth to a child. "The the surrogate has no right to keep the child, even if she changes her mind at the last moment," - said Irina Feskova, medical director of Kharkov infertility clinic.

According to the doctor, Ukrainian women agree to become a surrogate due to difficult life conditions, in particular, financial situation. Clinic staff warns couples from European countries where surrogacy is prohibited that they may have legal complications, says Feskova.

Opposing public opinion

Even after solving legal issues and back home with the child German couples might still have a hard time. Surrogacy in Germany is strictly prohibited. Violation of the law by doctors or intermediaries in such transactions may lead to imprisonment. The website of German Embassy in Kiev emphasizes that this practice is immoral.

German public opinion is ambiguous on this subject. The Evangelical Church in Germany condemns the practice of surrogacy and considers it an insult of human dignity. There are hot debates in Internet forums as to the ethics of "renting a belly" abroad. Perhaps this is the main reason why parents of children born to the surrogates avoid publicity.

Happy parents

The lawyer of the German couple expecting a court order said that the child’s biological mother having a hard time right now. While the 44-year-old husband is trying to resolve issues in Germany, his 53-year-old wife is staying by her child in Ukraine.

"Parents in similar situations are put under an enormous financial, psychological and bureaucratic burden," - emphasizes the lawyer Edward Kovis. But when he meets his former clients some time later, he notices that they are happy. "After all, their dream to have their own children has come true," - says Kovis.

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