Caught in the War Zone

By Thomas H. Yau

As the people of Ukraine continue to suffer from the Russian invasion, there are many questions left unanswered for the World, including what about the Surrogacy arrangements caught in the crossfire of war?

As one of the leading countries in commercial surrogacy, Ukraine based agencies have assisted countless Intended Parents with their surrogacy needs. When war broke out in Ukraine, the hopes and dreams of many future Intended Parents were shattered; but this became a nightmare for Intended Parents who have pregnant Surrogates in Ukraine, or child(ren) that had been born during this crisis in Ukraine. There is no easy way to sugarcoat the magnitude of this situation.

Nevertheless, we have seen the amazing collective efforts of the people of Ukraine attempting to overcome the ever-deepening calamitous situation in their country, including those involved in Surrogacy arrangements. There have been stories of Ukrainian medical providers and agencies exhausting all measures to care for babies born to Surrogates, as well as risking their own lives to move pregnant Surrogates to safer regions of the country – and when possible, outside of the country.
Unfortunately, even when the Intended Parents’ babies or their pregnant Surrogates can escape Ukraine, the question arises as how to validate the Intended Parents’ parentage in these safe havens. Will the Surrogates be named as the parents without legal recourse for the Intended Parents? Will the Surrogates be required to assume all related medical expenses incurred in these countries?

From the big-picture perspective of what is occurring in Ukraine, Surrogacy arrangements may seem like a small concern for the world at-large, but thankfully the press has brought to light how people involved in Surrogacy arrangements in Ukraine are deeply affected by this crisis.

We at our firm continue to pray for the safety of the people in Ukraine and those affected by what is happening there and hope this war will come to an end soon!

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