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The Supreme Court decided to return “surrogate” children to their parents

The Supreme Court decided to return “surrogate” children to their parents

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The Supreme Court of Russia decided to return to the citizens of the Philippines, Fredenil and Jane Castro, their twin children, born in Russia in 2019 under the surrogacy program. Konstantin Svitnev, co-owner of Rosyurconsulting, told the Meduza publication about this. According to him, the court issued a decision on August 22. The decision has not yet been published on the website of the Supreme Court.

Twins Anika and Arturo were born in Russia in October 2019. For medical reasons, the couple could not bear their children and used the services of a surrogacy agency in Russia.

On January 9, 2020, the Castro children and another child were taken by the police from their home in the Moscow region, where they were with a nanny. This happened after the fourth baby who was there died of unknown causes.

The Investigative Committee of Russia accused the surrogacy agency of child trafficking, despite the fact that surrogacy is legal in Russia and regulated by Article 55 of the federal law “On Basics of Citizen Protection”. Babies born to surrogate mothers were taken away and placed in orphanages.

The Castro spouses have been seeking the return of their son and daughter for more than three years. However, in April 2022, the court decided to eliminate the records in the children’s documents that Fredenil and Jane are their parents, despite several genetic tests that confirmed the relationship.

During 2021 and 2022, various courts of Russia, which the Castro family appealed to, refused to hand over the children to them. According to Vademecum publication, all this time the children are in the Vidnovsk specialized children’s home for children with organic mental disorders.

  • The child trafficking case, initiated in early 2020, became known as the “Case of reproductive specialists”. 10 people were charged with it: doctors, surrogate mothers and employees of “Rosyurconsulting” who conducted transactions with them. Three persons involved in the case — Roman Emashev, Kirill Anisimov and Valentina Chernyshova — pleaded guilty and entered into a deal with the investigation. They were sentenced to five to six years in prison. Svitnev himself, who is also accused in the case, left Russia and was declared wanted.
  • In December 2022, the State Duma banned the use of surrogacy technologies in Russia by foreigners.

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