A Peak At Surrogacy In War-Stricken Countries: What Happens?

According to a report from Global Market Insights, the global surrogacy market is projected to increase in value tenfold over the next decade. From an estimated USD$14.4 million last year, the industry is expected to be worth almost USD$130 million by 2032. Experts point to several reasons, such as the proliferation of same-sex couples looking to have children.

With this number continuing to rise, not even open war has prevented surrogacy from taking off. Multiple news outlets reported that aspiring parents in various countries continued investing in Ukraine’s surrogacy industry, the world’s second-largest before the Russian invasion. That said, the invasion has prevented couples from traveling to the war-stricken country and surrogate babies from being flown out.

If anything, surrogacy in war-stricken countries has persisted, if not grown. But why has that been the case? Additionally, what will be the plan for the industry moving forward?

The Basics 

The United Nations Office of the High Commissioner for Human Rights (OHCHR) defines surrogacy as a ‘third-party reproductive practice.’ Simply put, it involves paying surrogate mothers to give birth to a child and care for them for a time. The practice has existed since ancient or biblical times, but modern surrogacy only took off around the 1970s.

The ethics and legality surrounding surrogacy are points of contention. At one point, surrogacy allows couples to raise children despite obstructive circumstances like infertility and same-sex marriage. But at another, the risk of unjust human exploitation is too great to justify its use.

As a result, countries are divided on the matter. Altruistic and commercial surrogacy is legal in Russia and some neighboring countries like Ukraine, Kazakhstan, and Georgia (Sakartvelo). In the U.S., the legality is left to the states, though their respective laws can be complicated.

Meanwhile, other countries have yet to implement their own rules and regulations concerning surrogacy, meaning it’s neither legal nor illegal. For instance, the Argentina surrogacy program formally recognizes gestational surrogacy, though it doesn’t outlaw altruistic surrogacy. In the latter’s case, the surrogate mother must receive compensation for her efforts. 

Much-Needed Oversight

One might think that an armed conflict would severely hamper any industry from operating, surrogacy included. However, in the case of Ukraine, more women have become surrogate mothers out of a desperate need to earn amid shells and missiles flying overhead. The country’s economy will be left in shambles for years, regardless of who emerges victorious.

A recent report by The Globe and Mail stated that surrogate mothers in Ukraine make between USD$15,000 and USD$17,000. Sometimes, a surrogacy agency can charge USD$50,000 to pair clients with a surrogate mother and arrange the necessary medical procedures. Various estimates peg the number of babies born this way at a couple thousand, even persisting during wartime.

Unfortunately, a thriving industry tends to attract unscrupulous parties. There’s no shortage of reports of surrogate mothers being treated poorly, with some refusing to pay their share if they didn’t follow the rules or miscarried. Such cases are potentially present in countries that have yet to make their stand on surrogacy known.

These issues and more have fueled the call for an internationally recognized framework. The Hague Conference on Private International Law has been working on one since 2016. However, progress has been slow due to the country’s diverse attitudes toward surrogacy.

Meanwhile, the OHCHR outlined recommendations for UN member states to take if they want to regulate the surrogacy industry in their jurisdictions. Some of these include:

• Prohibition of commercial surrogacy until strict regulation is implemented
• Court-sanctioned ‘post-birth best interests of the child’ evaluation mechanism 
• Close monitoring and setting limits for financial aspects of surrogacy arrangements 
• Ensuring surrogate-born children’s rights regardless of a nation’s stance on surrogacy 
• Implementation of other human rights protections 

As for surrogate mothers and surrogate-born children’s protection during wartime, such laws are already in place. One of the most well-known is the Geneva Convention, wherein newborns are considered ‘wounded’ under Protocol I, Article 8(a). It’s also important to note that both Russia and Ukraine are signatories to the Geneva Convention, at least Protocol I.

Conclusion 

There’s no doubt that modern society has become more accommodating of surrogacy but does so with its legal and ethical dilemmas. The practice has found favor among couples unable to have children due to infertility or being the same sex. However, the country’s diverse stances on it and the lack of internationally recognized regulations make it prone to human exploitation. In war-stricken countries, Ukraine has shown that surrogacy can remain alive, if not thriving, as surrogate mothers look for ways to get by during the war. Nevertheless, the world must try to join hands in regulating this practice and balancing its black-and-white arguments.

Kenneth

Kenneth is a proud native of sydney, born and raised there. However, he pursued his education abroad and studied in Australia. Kenneth has worked as a journalist for almost a decade, making valuable contributions to prominent publications such as Yahoo News and The Verge. Currently, he serves as a journalist for The Hear Up, where he focuses on covering climate and science news. You can reach Kenneth at [email protected].