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  • Title: International cooperation in criminal proceedings involving assisted reproductive technologies.
    Author: Kuchynska O, Kashyntseva O, Tsyganyuk Y.
    Journal: Wiad Lek; 2019; 72(12 cz 2):2531-2535. PubMed ID: 32124780.
    Abstract:
    OBJECTIVE: Introduction: The fact that Ukrainian legislation in the field of reproductive medicine is the most liberal in Europe leads plenty of foreigners to come to Ukraine for using surrogacy as a method of treatment and in such a way to avoid certain prohibitions of their domestic legislation. Subsequently, they face legal issues during the border-crossing with a newborn. Additionally, there are several problems with acquiring a nationality for child in its parents' country. Moreover, it could lead to initialization of criminal proceedings in Ukraine and other countries as during pre-qualification these actions formally are similar to human trafficking. International cooperation in criminal proceedings in cases involving assisted reproductive technologies is a way of resolving the moral and legal dispute of countries with different legal regulations on assisted reproductive technologies. The aim: To establish the optimal ways of solving problems arising from the use of assisted reproductive technologies by foreign citizens, who come to Ukraine from countries, where surrogacy is prohibited. Thus, the use of it in Ukraine triggered the urgent need for international cooperation in criminal proceedings. PATIENTS AND METHODS: Materials and methods: This study has been conducted in 2019. In this research as an empirical basis 2 decisions of the European Court of Human Rights (ECHR), 1 press-release of the ECHR, 4 cases› materials, and additionally 2 regulatory documents have been used. Methods of general science (synthesis, induction, system method) and specific scientific methods (legal comparative method, special-legal method) have been applied. CONCLUSION: Conclusions: According to the mentioned above, it follows that the problematics of the international cooperation in criminal proceedings involving ART application also lie outside the scope of criminal proceedings alone, resulting in waste of time, funds and human resources in some countries' proceedings. Moreover, European countries have accepted a unified approach, according to which ART is a method of treatment, and newborns are full-fledged citizens according to «jus sanguinis". However, it is essentially important to admit that material law is primary here. The optimal way to solve the issues of foreigners opting for surrogacy in Ukraine for the sake of avoiding criminal proceedings in Ukraine and abroad is to provide for all countries a unified approach to understanding that ART technology is a method of treatment. And that countries of Europe, where surrogate motherhood is prohibited, should freely recognize parental rights of individuals, who have used or applied method of surrogate motherhood, and the rights of newborns to adopt the citizenship of their parents.
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