War does not stop Irish families using Ukraine for surrogacy

Embryologist Oksana Lyzohub prepares reproductive cells in an IVF lab in Ivmed Fertility Centre in central Kiev. Picture: Dominika Zarzycka/SOPA/LightRocket via Getty

Irish families hoping to have a baby through surrogacy abroad are still using services in Ukraine, despite the war, a clinic in Kyiv has said.

It comes after the Government issued a strong warning to hopeful parents using a surrogate mother in Ukraine not to travel to the war-torn country 

In a letter seen by the Irish Examiner, the Department of Foreign Affairs said there is a high level of miscarriages, premature babies, and children being born in poor nutritional circumstances in Ukraine.

However, when contacted one clinic — IVMED Family in Kyiv — confirmed Irish families are still using its service, despite the war.

A spokesperson said: “Yes, that’s right, the situation is stable now in the centre and west regions of the country.

“So in the case of something we have plan B to move our surrogate to Lviv or to the west. Sometimes even abroad.

“We stopped for a short time when the war began, but we are back in the business again. We have contingency plans in place and we work with Irish families right now.

“The women can go to the border of Poland if they wish to have the baby and the families are supportive, but right now, we are still working and babies are being born and still more in the planning.” This week, Russia continued to attack the critical infrastructure of several cities across Ukraine including Kyiv with a missile and drone barrage.

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On Wednesday, Russia plunged Kyiv into darkness after it cut the electricity to nuclear power stations.

On Friday, however, the licensed IVF clinic IVMED told the Irish Examiner the latest attacks have not halted its work.

The spokesperson said: “Usually we have alarms because of the training flights of military planes by Belarus or drones. But this week was a launch of missiles. We hadn’t been hit by missiles for three weeks until that.”

They continued: “In 2022 we kept patient programmes and moved all our surrogates to the west and continued the programmes there. There were low patients [numbers] from Ireland since the Government didn’t recommend going to Ukraine. Even now, the Government doesn’t recommend it.

Our patients just choose continuing surrogate pregnancy in Lviv with their further delivery and taking the baby there.

“It’s really close to Poland, so it is safe there. But some also choose Kyiv as its close to our clinic and the capital is well protected. Of course, it is up to the parents to choose according to the surrogate’s wish and recommendations by the doctor.

“The numbers were low in 2022 (of Irish families) but if we are speaking about now, there is a good number of the Irish couples as the situation became stable.” 

Irish families

The Irish Examiner has seen the cost of the surrogacy plans which can range from €46,000 with a standard surrogacy programme using your own cells and €47,000 with egg donation.

Some families who had already started the process of surrogacy said they were helpless when the Russians began to invade Ukraine, but were able to continue their surrogacy journey.

However, new families hoping to start the process are warned not to engage in the services of clinics in Ukraine by the Irish Government.

It’s understood 24 babies born via surrogacy in Ukraine are due to arrive in Ireland between now and the summer.

When a baby comes home from Ukraine the parents have to apply for a court order to get parental rights for the father — who is the only parent recognised under Irish law.

In Irish law, the surrogate mother is legally the mother in Ireland because she gave birth to the child. The child can later be adopted by the Irish mother, but it can take up to two years.

The Government has said it will be “restricted” in the supports it can provide to people wishing to travel to Ukraine for surrogate babies.

In a statement to the Irish Examiner, a spokesperson for the Department of Foreign Affairs said the advice is not to travel there.

The statement said: “The Department of Foreign Affairs strongly advises against all travel to Ukraine, for any purpose.

“The Department is aware of and concerned about a number of citizens who continue to enter Ukraine for the purpose of engaging in surrogacy arrangements.

“The situation across Ukraine remains extremely dangerous and the Department strongly advises against entering into surrogacy arrangements in Ukraine.

Ukrainian servicemen attend combat training in Kyiv region, Ukraine, earlier in March. Picture: AP Photo/Efrem Lukatsky

“The capacity of the Department to provide consular assistance to citizens in Ukraine is extremely limited.” The department said this advice is being reviewed regularly, following a detailed letter sent to the Irish Families Through Surrogacy group cautioning prospective parents last year.

The correspondence sent on November 20, 2022 said: “Since February 12, the Department’s travel advice has advised against all travel to Ukraine, for any purpose.

“The travel advice also states that the Department strongly advises against commissioning surrogacy arrangement in Ukraine.

“The situation remains extremely dangerous across all of Ukraine, including Kyiv and western regions, with missile attacks continuing countywide.” 

The department also outlined the dangers facing pregnant women in the country saying: “Deteriorating conditions have led to reports of poor nutritional conditions among pregnant women, of some births in primitive conditions in shelters, and of increased levels of miscarriages and premature births.

“In relation to any new arrangement being entered into, the Department must regretfully advise that the level of assistance that can be provided from our Embassy in Kyiv, will be very much restricted.

In making this recommendation the Department has taken into consideration the possible risks to the safety of Departmental and Embassy staff as well as Irish citizens considering travelling to Ukraine.” 

It also asked the surrogacy group to “bring this to the attention of any client as appropriate so that they be made aware of the considerable risks and the very significant limitations on this Departments support”.

It is understood that a number of surrogate mothers did not receive appropriate care from some clinics in Ukraine while pregnant when the war began and Irish families who were liaising with the services were left in limbo.

Irish legislation

A number of families here hoping to start a surrogate journey have now switched to other countries.

It comes as surrogacy legislation is still going through the Oireachtas.

A spokesperson for the campaign group Irish Families Through Surrogacy told the Irish Examiner most families are “pursuing surrogacy in Georgia and Canada”.

The statement said: “We have almost 300 private members who have either undertaken surrogacy or who are currently pursuing it.

“Surrogacy legislation is still being worked on in the Oireachtas given that the woman who gives birth to a child is legally viewed as the mother and not the person who will raise the child even if it is her own embryo.”

Irish Families Through Surrogacy highlighted the challenges faced by hopeful parents saying families had “stood outside the gates of Government buildings with Minister Stephen Donnelly with his colleagues Minister Roderic O’Gorman and Minister Heather Humphries as he announced that historic surrogacy legislation was finally on the way to protect Irish families across Ireland”.

“It truly was a Christmas miracle for our members,” it said.

“Unfortunately, since that date, we have been unable to secure a timeline of when this legislation will be progressed through the Dáil. It is now time for delivery.

“Currently, it seems it is the Government’s plan to wait for the Assisted Human Reproduction Regulatory Authority to be established to deal with retrospective cases.

“This could take years and can only begin after legislation is passed. It is our belief that retrospective declaration of parentage for children who are here could swiftly be addressed without the need for the Assisted Human Reproduction Regulatory Authority.

“There are families in emergency situations that require urgent action and simply do not have the luxury of time.”

Fine Gael senator Mary Seery Kearney, who has campaigned for legislation in this area, said it is a very challenging time for parents who are on their surrogacy journey.

She told the Irish Examiner: “There would have been parts of Ukraine where people are living normal lives, but it’s very dangerous, no matter what. 

You might be safe in the country where a surrogate mother is being cared for by her family, but for them to attend a clinic in Kyiv, that’s dangerous.

“To travel to Ukraine for surrogacy you are flying into places like Kyiv and the city is a potential target.

“There are 24 babies due here from Ukraine between now and the summer.

“For families who embark on this journey prior to going they are being warned not to go ahead with their journey, that’s the official advice from Government.

“It is a very frightening reality when they arrive, so they are bringing in the surrogate mother and give birth in a city that is a war zone.

“When I have conversation with families I do emphasise that all the time.

“If surrogates are living in a safe area, they are independent, they have their own care and advice and counselling advice, before they proceed down this route.

“It is a very serious situation and the Government advice right now is not to travel. 

I do, however, sympathise with people who are anxious about having a baby.

“We really need to get this legislation enacted and I am hopeful of that this year, it would be very helpful to families.

In its letter in November, the Department of Foreign Affairs said it is aware that surrogacies were continuing between Ireland and Ukraine.

It said: “It is matter of deepest concern” that it had become “aware of a number of new arrangements having been commenced”.

The letter continued: “The Department would therefore discourage in the strongest terms any individual from pursing surrogacy arrangements in Ukraine.

“I would request that you would bring this to the attention of any client as appropriate so that they be made aware of the considerable risks and the very significant limitations on this Department’s support.

“We would also request that you bring this information to the attention of any client or possible client considering entering into a surrogacy arrangement at this time.”

The Ukrainian Embassy in Dublin did not respond to the Irish Examiner’s request for comment.