Lyudmila and Alexander from Ukraine did not dare to have a baby for a
long time. When they decided to conceive one, it was already too late.
Lyudmila is 49 years old, and the medical examination showed she can
not bear children any more. Their family's friend Elena agreed to help
them, she would carry their baby; she already has a son that she
raised all by herself.
Lyudmila and Alexander promised to pay her for
assistance a total of $10 000, $5 000 of which has already been paid.
There was no written contract between them. And after the baby was
born Elena stopped responding to phone calls, she does not want to
give the child to his rightful parents.
As the saying goes, "it always looks good on paper." The Ukrainian
laws are written with the intent to protect the customer's interests
for any surrogacy program. But in reality, parents are totally
powerless and helpless to force the surrogate mother give up the child
after birth to the intended legal parents. The only recourse available
for the legal parents in these cases is to hire a good lawyer and go
to court. If the Ukrainian justice system fails to assist, the only
hope is the European Court of Human Rights in Strasbourg.
surprising that the first and only case in post-Soviet borders when a
surrogate mother fails to give the baby to the rightful parents
occurred nowhere but in Ukraine. The Ukrainian laws on the legal
regulation of surrogacy were once considered to be the best in CIS, a
lot better than in Russia where laws require the legal parents to
claim a consent of the surrogate mother to put their names into the
birth register. Cases like this in general have not been reported
since 1995 when Russia first adopted the regulations on surrogacy