Surrogacy motherhood in Italy
Surrogacy is one of the reproductive technologies. It helps couples who cannot get pregnant, bear and independently give birth to the baby. The main point of this method is that sperm and / or an egg is taken from the genetic parents, fertilized in laboratory conditions and implanted to another woman, who will bear, give birth to the baby and then give him or her to the genetic parents.
There are different positions about the surrogacy legislation in modern countries. The European Court which regulates the human rights issued a verdict, which notes that there is the possibility for each country to independently establish a legal system to permit or prohibit any type of Assisted Reproductive Technology (ART) in Italy in the case “Labassee v. France”, in 2014.
It means that each country regulates the surrogacy services by its own discretion, which often leads to different litigation and problems in registering children in other countries.
There are some several approaches for legislative regulation of surrogacy services in individual states:
- Categorical prohibition in any form;
- The technique is fully permitted;
- Partially permitted with restrictions;
- It is not regulated by the law.
Legislation
Today we want to analyze the legal aspects of the surrogacy services in Italy. First of all, we must pay attention to the fact that the laws which control the ART are quite conservative.
The law about norms of the reproductive technologies came into force, which categorically prohibited surrogacy services and donation of eggs, and restricts other assistive techniques in 2004.
It clearly indicates that couples can participate in the artificial insemination program only after receiving an official certificate of infertility. Involving a third person in this process, such as a surrogate mother or even gamete donation, then such couples do not legally receive parental rights to the baby. It also provides criminal liability or even several months and up to 2 years of imprisonment and a fine in the size of one million euro for people and companies that organize or advertise surrogacy services in the country.
Although, it is quite permissible to use such programs abroad and legally register a child in Italy. Thus, many infertile couples travel specifically to foreign countries for one purpose – to have their own baby.
Since in most European countries only surrogacy without payment has been allowed, so everyone basically goes to Ukraine.
Why has Ukraine become one of the main leaders in surrogacy services?
Ukraine has become one of the main countries where commercial surrogacy is allowed. Due to legality, good health of women, high level of medical care and affordable price, many infertile couples come to us from different corners of the world to take part in our programs.
Total amount of the expenses.
First of all, it is necessary to emphasize that in comparison with the countries where monetary remuneration for surrogates is also allowed, Ukraine remains the cheapest one. If we add regular visits, accommodation and other related costs to the cost of programs, the total amount will be several times less than, for example, in the USA. This is due to many factors: the general economic situation, cheap medical services, accommodation, expenses for keeping a surrogate during pregnancy, and the IVF program’s low cost. Also medical centers that act as intermediaries between couples and surrogates take a much lower amount for their services and remuneration for women is several times less than in other countries.
Today there is a big number of companies which are ready to organize everything and also take legal issues upon themselves and fully accompany married couples and surrogates at all stages of programs in Ukraine.
High level of healthcare institutions
Legality
Surrogacy programs fall into line with the following laws in Ukraine :
- In the second part of the “Ukrainian Family Code”, (Articles No. 123 and No. 139 of 01.04.2004.) – it is written about parental rights to a baby, protection of his/her rights, duties of a married couple and of a surrogate mother.
- The order of the Ministry of Justice, which is dated 18.10.2000r. , No52 / 5 “On approval of the rules for the state registration of acts of civil status in Ukraine” – regulates the issues of contracts, papers and the issuance of a birth certificate.
- As well as the Order of the Ministry of Health of Ukraine dated 09.09.2013 No. 787, “On approval of the Procedure for the use of assisted reproductive technologies in Ukraine” – describes all medical procedures, requirements for the health of parents and surrogate mothers.
Egg and sperm donation is also legally allowed in Ukraine, therefore, if necessary, the couple can improve the chances of the program’s success by taking a healthy donor.
