Surrogacy in the Czech Republic
Legality
For the first time, surrogacy in the Czech Republic received its legitimization relatively recently, in 2014, after the adoption of the new Civil Code of the Czech Republic. The use of this method of infertility treatment is not prohibited by Czech legislation, but a clear regulatory framework that would regulate this area of medicine has not yet been developed.
There are many shortcomings in the legislation that complicate the procedure for registering parental rights by biological parents.
Features of surrogacy in the Czech Republic:
- both a married and a single woman can give birth to a child for an infertile couple,
- married girls must obtain written notarized consent of their spouse to participate in the program,
- the candidate must meet the requirements for IVF in accordance with the law “On specific medical services”,
- in the Czech Republic, surrogacy is allowed only on a free basis, violation of the law in this area is considered a criminal offense (Article 169 of the Criminal Code of the CR),
- the girl has the right to be paid for IVF, medical examination, pregnancy and childbirth.
The legislation does not protect the parental rights of biological parents, since, according to the law, the mother of the child is the one who gave birth to him. For this reason, even an agreement concluded between a woman and a married couple will not have legal effect in court.
To obtain parental rights for a newborn, the biological mother must adopt him. A surrogate mother can consent to adoption 6 weeks after giving birth after a personal statement to the court. The transfer of the child to biological parents occurs after a court decision.
Under the law, the fulfillment of her parental duties is suspended on the expiration of 3 months after the consent of the surrogate mother for adoption. The experience of surrogacy in the Czech Republic shows that the period from the moment of birth to the moment of adoption of a child can be delayed for up to six months.
The cost
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Commercial surrogacy in the Czech Republic is a criminal offense. It is possible to give birth to a child for an infertile couple free of charge. Since the procedure for transferring a child to biological parents requires the consent of the surrogate mother, and there is a risk that the woman may refuse to give the child at all, many Czech infertile couples do not risk using such services in their homeland.
The desire to have a child makes the spouses go to look for a surrogate mother to neighboring countries, mainly to Ukraine.
In Ukraine, this method of infertility treatment is allowed by law, while parental rights belong to the biological parents of the baby. The newborn is handed over to the couple immediately after birth without an adoption procedure.
There are more than 30 ART centers operating in Ukraine, among which VittoriaVita is the leader among Ukrainian surrogacy centers. The cost of the programs here is 36,000-50,000 Euros.
Alternative countries where surrogacy is allowed
The overwhelming majority of countries around the world have given up surrogacy. This method of infertility treatment is legal in several states, including:
Ukraine
Ukraine is one of the few countries where practically all methods of infertility treatment are legal.
Advantages of surrogacy programs in Ukraine:
- agencies work under an agreement that regulates the relationship between a surrogate mother and a married couple,
- many years of experience, a high level of medical care in the country,
- the ability to combine different methods of fertility treatment,
- preparation of a complete package of documents for a child,
- affordable cost of programs (for example, the VittoriaVita center offers programs from 36,000 to 50,000 euros),
- a wide range of ART centers.
Disadvantages:
- homosexual couples and single women cannot use the services of a surrogate mother.
Ukrainian centers of reproductive technologies are united into the Ukrainian Association of Reproductive Medicine, which holds international congresses on reproductive medicine every year.
Georgia
Advantages of surrogacy programs in Georgia:
- the relationship between a girl and a married couple is regulated by a contract,
- the process of paperwork for a newborn takes one day,
- the surrogate mother does not acquire any rights to the child,
- affordable cost of fertility treatment programs,
- Foreign couples can use the services of Georgian surrogate mothers.
Disadvantages:
- only officially married couples can take part in the program,
- the newborn cannot be taken abroad if only one of the parents’ name is entered on the birth certificat
Belarus
Surrogacy in Belarus has become legal since 2012, when the law “On assisted reproductive technologies” was adopted. Married couples can use the services of a surrogate mother for medical treatment of infertility.
Briefly about the advantages of surrogacy in Belarus:
- girls are strictly selected before taking part in the program,
- the parental rights to the child belong to the married couple,
- the surrogate mother can be a relative of a married couple,
- the relationship between the surrogate mother and the spouses is regulated by the contract.
Disadvantages:
- a surrogate mother cannot be an egg donor at the same time,
- the surrogate mother is fined for violation of the terms of the contract.
Belarusian surrogate mothers receive about 11,000 Euros for their services.
Russia
Advantages of surrogacy in Russia:
- surrogacy is legal on the territory of Russia and is regulated at the legislative level,
- the services of a surrogate mother can be used by both married couples and single women,
- surrogate mothers are strictly selected for health reasons.
Disadvantages:
- the law does not in any way protect the rights of biological parents in a situation if the surrogate mother refuses to give up the child,
- according to the law, the mother is the woman who gave birth,
- the surrogate mother may challenge her parental rights to the child over the years,
- biological parents may refuse to take the newborn,
- infertile married couples, single women and men can use the services of a surrogate mother.
In Russia, a surrogate mother receives from 600 thousand to 1 million rubles ($ 9500-16000) for her services.
