Legal regulation of the implementation and protection of the rights of participants in surrogate motherhood legal relations in the conditions of war in Ukraine

Abstract

On February 24, 2022, a full-scale war is taking place on the territory of Ukraine. Millions of people lost their homes and jobs. Children, as the most vulnerable category of the population, were particularly affected. Thousands of children were left without parental care, and some were not handed over to their legal parents at all. These events necessitated the study of the chosen research topic. The article is devoted to the rights of children who became victims of martial law on the territory of Ukraine as a result of the attack of the Russian Federation. The article shows the number of children affected by the war. The general principles of protection of children’s rights, defined by the international legislation are considered. An example of international experience in the protection of children in martial law is given. Particular attention is paid to the protection of the rights of children born to surrogate mothers during hostility in Ukraine. Problems of realization of the rights of participants of the specified legal relations are defined. It has been established that the fulfillment of the terms of the contract by the surrogate mother does not guarantee the protection of the interests of the child. The problems of the procedure of registration and documentation of the birth of children are mentioned. The provisions of the Family Code of Ukraine and other special legislation on the legal regulation of the procedure for registration of the birth of a child have been studied. It is noted that in conditions of martial law in the occupied territories, and in cities where hostilities continue, registration is impossible. Changes in the national legislation, introduction for the period of martial law in the field of the specified questions are considered. The author examines the possibility of adopting children born to surrogate mothers, as well as those left without care or evacuated to other countries. Conclusions were made about the impossibility of adopting these children under the accelerated procedure. Emphasis is placed on the need to comply with the adoption procedure established by national law. At the same time, it was noted about the need to strengthen the work of consulates in order to register children who are temporarily in another state. It is proposed in Ukraine to create appropriate registers of potential parents who apply to Ukrainian medical institutions for the birth of children from surrogate mothers. In order to record information about newborns and facilitate the search for biological parents of their own children, it is proposed to use the application “Diia”. In addition to these conclusions, the author stressed the need for Ukraine to ratify the Rome Statute.