A COUPLE from Malaga say they are trapped in Ukraine with their surrogate baby because Spanish authorities refuse to register the child.
The family, who have not been identified, say they are stuck in limbo and have no idea if or when they will be able to return with their son.
They arrived in Kiev five weeks ago prepared to receive their little boy, and are still there. The parents say were told by the agency organising the adoption that the Spanish consulate was taking time to give couples an appointment for the registration process, but they never dreamt it would be this long.
Speaking to a national Spanish newspaper, the distraught couple were given the impression they would be seen within three weeks.
And are quoted as saying that all they want ‘is to go home with our son’, adding that they ‘have not committed any illegality’ and their ‘baby is Spanish’.
The process of registering a child born from a surrogate parent usually involves the father having a paternity test, analysed at a laboratory in Madrid, before presenting the results to a consular civil registrar who would register the child and issue a passport.
But at the beginning of July the consulate stopped processing the documentation of babies born from surrogacy, apparently arguing that paternity tests violate the new Data Protection Act of the European Union, in force since May.
Spanish authorities are reported to have claimed that DNA is a sensitive material that can’t be taken according to the new regulations.
The Ukraine is one of the few countries in Europe where surrogacy is regulated by law and open to foreigners.
The Malagan mother, who only wants to come home with her son, told the press, that she does ‘not understand this change of government overnight, without warning’, adding that they are not alone and will not be the last.
It has been claimed there are 20 Spanish families who are stuck in Ukraine with their surrogate babies born before the refusal of the consular authorities of Spain to register the newborns.
Their plight remains as it is unclear how or when a solution will be found.
While the agency is covering costs incurred by the stranded family, there are concerns about health issues such as vaccinations.