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an article by Rosjurconsulting Director General Konstantin Svitnev, legal expert with the European Society for Human Reproduction and Embryology

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The Spanish consulate in Kiev will re-register surrogate children using a DNA test

Since last week, when they were informed that their children, born in Ukraine under the surrogacy program, cannot be registered without a court decision, which cannot be obtained, since the Ukrainian legal system does not provide for such documents, about 30 Spanish couples meet daily consulate in Kiev, demanding to register their children in the registry of acts of civil status and give them a passport to travel. Now, with the advent of the new instruction of the General Directorate of Registries and Notaries, these families hope that DNA analysis confirming the relationship of children and their parents will be sufficient grounds for registering children, as prescribed.

The consular department of the Spanish embassy in Kiev will re-register children born to Ukrainian surrogates, using a DNA test, which confirms that the children’s fathers are ethnic Spaniards. This was reported a few days ago by representatives of the Spanish association for the protection of surrogacy Son Nuestros Hijos, citing the existence of a new instruction from the Directorate General of Registries and Notaries, which requires embassies and consulates to register Spanish children born under surrogacy program, in countries where there is no court decision on this matter. It was the absence of such legal practice in Ukraine that caused several Spanish families to be denied registration of their newborn children.

The association’s president, Marcos Hornet, confirmed that after several months of negotiations with the Spanish administration, it was agreed that the DNA test results would serve as proof of the kinship between the parents and the child.

“For several months, we struggled to revise the resolution of the Main Directorate of Registries and Notaries from 2010, which is clearly outdated and did not correspond to the realities of today. It seems that our efforts are rewarded because now in Spain there is a legal tool through which our children can be registered in the Spanish registry of acts of civil status with a guarantee of legal security,” - Mr. Hornet says.

Affected families rated this news, but believe that it should be taken with caution. “Of course we are happy, but we have to be sure that the new regulations will not entail the need for a long wait now for test results and cases,” explains Ana Reyes Rodríguez, one of the Spanish mothers who stays in Kiev since last December, trying to register in the consulate her daughter, born to a Ukrainian surrogate. "We will besiege the consulate until we receive official documents confirming our rights."

The Ministry of Foreign Affairs confirmed that the aforementioned instruction cancels the old one dated October 5, 2010, which until now had been used by consular officials involved in civil registration. As for the consulate in Kiev, then, according to the ministry, department officials are already establishing contact with families who have been denied registration of their minor children before, in order to inform them that in a pare of days their cases will be reviewed and given the opportunity to freely leave Ukraine to Spain with their children.

Ukraine and Georgia are among the countries whose legal system does not provide for a court order in the body of title documents, which must be submitted for the registration of children born as a result of surrogacy. Ukraine, in particular, is the second most popular country after the United States, which the Spaniards prefer to implement a surrogacy program. Such data are provided by public organizations and governmental institutions of Spain for the period 2010-2017.



Based on ABC Sociedad

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