"What is the difference between my daughter and those who have already returned from Ukraine?" | Society

Spanish families who have resorted to a rent belly in Kiev, an illegal practice in Spain, they can not register the children at the consulate born from this Thursday, so they must apply for a Ukrainian passport to travel back with them. They complain about "discrimination", given that babies born 24 hours before will not encounter bureaucratic obstacles. The new instruction of the Ministry of Justice, published today in the Official Gazette, establishes that the surrogate pregnancy "produces a serious violation of the rights of minors and expectant mothers" and mentions the "clear abuses against pregnant women that are sometimes have given".

The instruction is signed by the same general director who just days before approved a "simple" way for these couples, which only required a DNA test to register the born. The Executive reacted and left that order without effect in 24 hours. In addition, he recalled that the ideology in this regard is very clear: the rent bellies are like "organ trafficking" and the agencies that work as international intermediaries will be "persecuted". The text published in the BOE states: "This problem is not limited to Spain, but is carried out in an external environment, which would require coordinated international action to deal with it effectively, as long as that clearing is not available. international framework, and without prejudice to the adoption of appropriate and more forceful measures to tackle this path in Spain, the phenomenon must be treated with the necessary rigor ".

But the Government set out to release the 39 babies pending documentation in Kiev. With this instruction that extends the time margin so that, predictably, the list of babies who can return will be expanded.

The deadline is this Thursday. Those born until yesterday, Wednesday, may receive a safe conduct to enter Spain. But for children born today you must apply for a Ukrainian passport, something that can take up to three months, and permits to travel. Once in Spain, a filiation process will begin. That is, with only a day of difference, some children will be considered Spanish from the start, while other families will face an uncertain judicial process.

"Here we are about 50 families, what is the difference between my children, who were born 12 days ago, and those who have gone today? [este miércoles] to obtain the safe conduct? They can return after having registered the child as Spanish, "complains Andrea, who is 35 years old and gives a fictitious name.His anguish and his choked voice came over the phone.He still did not know that she could also register the twins, who have Born of a Ukrainian mother, but with genetic material from the Spanish couple, she and her husband have been in Kiev for three weeks. "We are mileuristas, I'm afraid of losing my job, I just want to go back home," he continues. euros to be parents

Mercè Serra is outraged. The process will be different for her and her husband, who will travel in "two or three weeks" to Kiev. "When our daughter is born," he explains. She is one of the driving forces behind Platform of Affected by the Embassy of Spain in Ukraine, which groups about 90 families. "There are two who have already brought their son but most of them are at some point in the process, or waiting in Spain or already there," he continues. "There are people with anxiety problems, who can not sleep, we are very distressed," he says.

He knows that he faces an uncertain journey: "We have no idea what to do, how long it will take, what difficulties we will have, what roles they will ask us for, total uncertainty," he complains. Once in Spain, the judicial procedures to recognize the filiation will begin. But these will no longer be entitled to paternity leave, for example.

Marcos Jornet, president of the association Son Nuestros Hijos, which groups about 500 families, complains: "It can not be that the rules of the game are changed in the middle of the game, in the next nine months we will have more cases, we ask that babies continue to be registered, whose genetic father is Spanish, and if they want to change the form to act, give a deadline so that pregnancies that are in progress can continue as before ".

Instead, lAssociations contrary to rent bellies, for example We Are Not Vessels, have criticized on occasion that these couples travel to be parents through a practice that they know is forbidden in Spain and "they do not mind using a child to get their wishes", in words of the spokesperson, Alicia Miyares, who denounces a kind of blackmail to the Government "with a child in their arms." "We demand absolute nullity, that no child is registered," said Miyares.

Some 300 Spanish families turn to wombs in Ukraine each year, according to Foreign Affairs, which advises against this country since 2016 as a destination for this practice. Although the families' associations do not have an exact figure of how many couples are in a bureaucratic limbo right now, they estimate that each month they travel about 30 to Kiev to pick up the children.

The last crisis with Ukraine, where there have been problems since the summer, broke out last week. The embassy rejected the registration of five children after having committed to registering families. The instruction of 2010 regulates the registration of minors born by renting wombs where a judicial resolution can be obtained, something that happens in the United States, for example. But this requirement is not viable in Ukraine. Despite this, until now they left the country, with Spanish documentation, if they presented a DNA test of the father and a statement from the pregnant mother explaining the situation, an administrative solution.

Now, those couples will have to wait longer. "The filiation of the father will be determined through a judicial procedure that may take more than a year, after which the mother will have to initiate another legal adoption procedure that can be extended for a longer time." In all this time, the couple can divorce or one of them can be divorced. both can die, a situation of insecurity is generated ", explains Jornet.

The current instruction, which complements that of 2010, maintains that the interest of minors "must in any case be safeguarded, and at the same time the action of public authorities must guarantee women adequate protection against the danger of abuse of situations of vulnerability that is at all unacceptable ". "It is also clear that the lucrative activity of the mediating agencies that operate in this field can not be considered to be in accordance with the law."


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