A government unit within the Justice Ministry has issued a public warning advising Israelis to refrain, at this stage, from pursuing surrogacy procedures in Ukraine, citing serious concerns over the exploitation of surrogate mothers and potential criminal offenses, including human trafficking.
The warning was published on Tuesday and circulated on Wednesday by the Government Unit for Coordinating the Fight against Human Trafficking, Prostitution, and Polygamy, which operates within the ministry’s Social Division. The announcement builds on an earlier notice issued by the same unit in June 2023, which cautioned against overseas surrogacy procedures in Northern Cyprus, Albania, and Kenya.
According to the unit, it monitors patterns of conduct in surrogacy procedures carried out outside Israel and conducts assessments when indications arise that raise concern regarding flaws in informed consent, impairment of the surrogate mothers’ free will, or their exploitation.
In extreme cases, where such indications are described as severe and cumulative, the unit said they may point to suspicion of a range of criminal offenses, including human trafficking.
The warning from this week focuses on Ukraine, where, according to the unit, Israelis have been undergoing surrogacy procedures. Information accumulated by the unit raises concern that such procedures may be conducted in ways that harm the dignity, basic rights, and personal freedom of women serving as surrogate mothers, and, in some cases, may also affect the welfare of the children born through these arrangements.
Surrogate mothers, babies, endangered by ongoing war
Among the indicators identified by the unit in Ukraine are reports of severe violence against surrogate mothers; the exploitation of particularly vulnerable women; the transfer of foreign women to Ukraine solely for the purpose of undergoing surrogacy procedures; and the use of contractual terms described as draconian, which infringe on surrogate mothers’ rights. The unit also cited cases of non-payment for surrogacy services.
The announcement further points to contractual arrangements that, according to the unit, fail to take into account the ongoing war in the region, including restrictions on surrogate mothers’ freedom of movement that may prevent them from seeking safety elsewhere. Such conditions, the unit warned, may endanger both the surrogate mothers and the babies.
In light of these findings, the unit recommended refraining from carrying out surrogacy procedures in Ukraine at this time in order to prevent harm to surrogate mothers, intended parents, and newborns, and to avoid legal and procedural difficulties in later stages.
The unit emphasized that the purpose of the warning is to provide relevant information to members of the public considering overseas surrogacy, allowing them to weigh their options and avoid procedures that may raise moral and legal concerns. It added that it would continue to monitor developments in the field and update the public should circumstances change.
A request for comment was sent to Ukrainian authorities and the Israeli Justice Ministry.