Answer given by Mr Várhelyi on behalf of the European Commission

26.8.2020

The Commission closely follows the legal developments concerning the project on legal parentage and international surrogacy, and their impact on the rights of the child and rights of parents, also in the context of the Hague Conference on Private International Law, of which the EU is a member, along with its Member States.

The EU has not ratified the United Nations Convention on the Rights of the Child (UNCRC). However, since all EU Member States have ratified the UNCRC, the Convention guides the EU in its work to promote and protect the rights of the child in external action (Article 3(3) of the Treaty on the European Union; EU Guidelines on the Protection and Promotion of the Rights of the Child). At the same time, EC law does not regulate surrogacy.

Ukraine is a key partner for the EU. It is our common goal to further economic integration and political association between Ukraine and the EU. Respect for democratic principles, the rule of law, good governance, human rights and fundamental freedoms are the founding principles of the Association Agreement to which the EU and Ukraine have jointly committed. They are also enshrined in the Joint Communication on the Eastern Partnership policy beyond 2020[1].

The EU and Ukraine discuss human rights regularly, most recently during the annual EU-Ukraine Human Rights Dialogue on 23 June 2020. In this context, the partners also discussed steps to strengthen gender equality and ways to improve the respect for the rights of the child, including in the context of surrogacy.

The EU underlined that the legal framework should protect the rights of surrogate mothers and the children, and guarantee quality medical and legal assistance, always guided by the child’s best interests.

• [1] https://eeas.europa.eu/sites/eeas/files/1_en_act_part1_v6.pdf