Illegal, but really desirable: the Investigative Committee took aim at single gay fathers

This message excited not only single fathers, but also became one of the most discussed topics in social networks and among politicians. gaps in our legislation.

Irina Mishina

If you believe the news that appeared in the TASS feed, single men who used the services of surrogate mothers to become fathers will soon begin to be imprisoned for buying children, and the children they raised will be sent to orphanages. The Investigative Committee clarified that they are talking about men of "non-traditional sexual orientation". This department believes that gays cannot act as donors in in vitro fertilization.

In the pro-Kremlin channels, the publication was declared "stuffing", but the Investigative Committee did not suspend its actions. Several people have already been detained. "As part of the investigation, the case will be supplemented with new episodes of child trafficking, the investigation is planning a number of arrests of new persons involved in the case from among single men, citizens of the Russian Federation, to whom surrogate mothers gave birth to children using the IVF procedure", our source in law enforcement said. He explained that these men, in accordance with the law, could not be donors during in vitro fertilization, "since they have a non-traditional sexual orientation." They may be charged with buying children. Lawyer Igor Trunov, representing the interests of the accused and arrested in this case, confirmed this information.

It all started with a strange find. In June, five babies, ranging in age from six days to six months, were found in an apartment in a residential building on Argunovskaya Street in Moscow. There were two women with them. The investigating authorities opened a criminal case on human trafficking. According to law enforcement agencies, these babies turned out to be children from surrogate mothers, including for Chinese citizens. Documents in Russian and Chinese about the IVF procedures and surrogacy agreements were found in the apartment. Investigative Committee has combined criminal cases on trafficking in children from surrogate mothers found in Moscow and the Moscow region. Criminal cases were initiated on the grounds of crimes under Part 1 of Art. 109 of the Criminal Code of the Russian Federation ("Causing death by negligence") and Part 2 of Article 127.1 of the Criminal Code of the Russian Federation ("Trafficking in Persons"). Later, part of Article 127.1 of the Criminal Code was re-qualified for a more serious one, the case was transferred to the central office of the RF IC.

Currently, it is known about ten single fathers - those to whom the UK plans to bring charges of child trafficking. They want to recognize the children themselves as victims.

This triggered a wave of panic on social media.

Dmitry Kolezev writes in his Telegram channel: “Imagine: somewhere there are non-traditional couples raising children, and now they understand that the children are about to be taken away, and they will be arrested. What is left for them? Just flee the country quickly. Maybe they are hinting at it? Run before it's too late. Maybe that's what they hope for? Because it is not very clear whether it is possible to present something in the criminal sense".

Anton Krasovsky: "I wonder how many people will leave the country now?"

The ability to have a child is perhaps the most important thing for a person. However, not everyone succeeds. For some, in vitro fertilization (IVF) is the only opportunity to become a father or mother. But it was the fathers who gave birth to children from surrogate mothers that were hit.

Of course, there are different cases, and the UK must understand each one. Anyone who is involved in child trafficking should be punished. But what about other men who, for various reasons, decided to become the only parent of their child? The fact is that single men who used the services of surrogate mothers fell into a legislative trap: according to clause 3 of the Order of the Ministry of Health of the Russian Federation No. 107-n dated 30.08.2012, a man and a woman who are / are not members of the Russian Federation have the right to use the services of a surrogate mother. marriage, or a single woman. Lonely men were outside the scope of this order. And here several questions arise: first, the right to fatherhood is as natural as the woman's right to motherhood. In addition, situations are possible when a man is in a civil marriage with a woman who cannot have children, in which case he resorts to the services of a surrogate mother, becoming the only donor in the couple. But even if a single man becomes a donor, there is no evidence base to classify him as a non-traditional sexual orientation.

"Allegations that men with non-traditional sexual orientation cannot be donors contradict Article 19 of the Constitution, which speaks of equal rights for men and women", - said Oksana Pushkina, deputy chairman of the State Duma Committee on Family, Women and Children.

Politician Dmitry Gudkov expressed the following opinion on his Facebook: “How can the state imprison gays if there is no article, but really want to? In the UK they found a way. "A source in the organs" whispered to TASS that now all men "of the wrong orientation" will be imprisoned who donated sperm for surrogate mothers. Because according to the law, only married couples can give birth to children in this way. And who is our family, how is it written there in the amendments? - Union of a man and a woman. This means that if a homosexual wanted to legally give birth to a child with the help of a surrogate mother, then he is a slave trader. There is a base of such men, the children have been held captive by the state for several months (they were found and rescued from their parents).

There are indeed many loopholes in the current law that create an opportunity for a man to become the only parent of a child. So, FZ-323 on the protection of citizens' health interprets the rights of people using assisted reproductive technologies (this is IVF and surrogacy):

"A man and a woman, both married and unmarried, have the right to use assisted reproductive technologies in the presence of mutual informed voluntary consent to medical intervention. A single woman also has the right to use assisted reproductive technologies in the presence of her informed voluntary consent to medical intervention".

Clause 7 of Article 55 of this law says: "Citizens aged from eighteen to thirty-five, physically and mentally healthy, who have undergone a medical and genetic examination, have the right to be donors of germ cells".

Thus, there is no direct prohibition in the law for single men. However, clause 1 of the same article 55 says: " Assisted reproductive technologies are methods of treating infertility...". And here it is possible to find fault: single men who gave birth to children with the help of a surrogate mother might not suffer from infertility. And this can become an argument for law enforcement agencies.

One way or another, gaps in the legislation related to assisted reproductive technologies (IVF, surrogacy, donor programs) are obvious. “In the State Duma there is a whole Committee on Health Protection, in the depths of which there has long been a draft law designed to regulate IVF. Lies motionless, which is not surprising, given the influence that the Russian Orthodox Church has today. Because of the existing legal gap, there is talk about "lustrations", "arrests", "baby trade". There are threats to take children away and send them to orphanages on the basis of the allegedly unconventional sexual orientation of single fathers, which, by the way, is unprovable. This is very dangerous, because we risk opening Pandora's box. This is where opponents of juvenile justice should ponder, because on such dubious grounds it will be possible to take children away from anyone! ”- said Oksana Pushkina, a State Duma deputy.

Deputy Chairman of the State Duma Committee on Family, Women and Children, Ms. Pushkina, turned to Prosecutor General Yuri Krasnov with a request to check how true the information from the TASS publication was. In his letter, the deputy of Pushkin notes that the sexual orientation of the fathers of the children is unprovable and cannot serve as a basis for limiting their rights. “Because of the existing legal gap, there are talks about “lustrations”, “arrests”, “trafficking in babies”. There are threats to take the children away and send them to orphanages! On the basis of the allegedly non-traditional sexual orientation of single fathers, which, by the way, is not a basis for limiting rights, and, moreover, is unprovable. This is very dangerous, because we risk opening Pandora's box. This is where the opponents of juvenile justice should ponder, because on such dubious grounds it will be possible to take children away from anyone! ”, Says the appeal of the deputy Pushkina to the Prosecutor General of Russia.

“My task is to call on my colleagues in the Duma to common sense and adopt a law on surrogacy. The best professionals of the State Duma Committee on Health Protection were involved in its preparation. One of its co-authors is Tatiana Tsybizova. Being an obstetrician-gynecologist by profession, she professionally approached this topic and knows all the subtleties from the inside. The question of where it is planned to transfer children confiscated from gay fathers should be addressed to the custody and guardianship service. Most likely they will be responsible for this as a specialized agency. Now it is possible to remove a child from a family only if life and health are threatened. I consider the issue of the General Prosecutor's Office checking a man's sexual orientation generally incorrect”, - Oksana Pushkina, deputy chairman of the Committee on Family, Women and Children, told Novye Izvestia.

We decided to find out why the Investigative Committee had claims against single fathers and whether they are legitimate under the current legislation. For clarification, Novye Izvestia turned to a member of the State Duma Committee on Health Protection, a gynecologist, Tatyana Tsybizova. “It's about the people who provide legal support for surrogacy programs. For some reason, it is believed that we can talk about a violation when the sperm donor is a man who wants to become the father of a child. He is a genetic father, and they tell him: "Give the child back!" This is a very controversial situation. I think there should be an individual approach in each specific case. In any case, the interests of the child should be put at the forefront. And finally, it is necessary to put in order the legislation that is associated with assisted reproductive technologies and surrogacy. Today it is not clear, for example, who is considered the mother of the child - a surrogate mother or an egg donor. Priority is given to surrogate mother, who often pursues purely commercial interests. Today, for the firms "Rosjurconsulting", "European Surrogate Technologies", for the medical center of surrogacy, the order of the Ministry of Health is a message to space. An agency is created that selects surrogate mothers, fertilization takes place, and then no one is responsible for anything. I see only one way out - to make changes to legislative acts. We have already discussed in the committee the option of involving public health institutions in this process. In Russia there is a National Medical Research Center for Obstetrics, Gynecology and Perinatology named after V.I. Kulakov of the Ministry of Health of the Russian Federation. Why not entrust him with a surrogate motherhood program if we want order and do not want unpleasant collisions with the children born?”, - Tatiana Tsybizova, a member of the State Duma Health Protection Committee, told Novye Izvestia.

It is difficult to predict how the issue of arrests of single fathers accused of child trafficking will be resolved. The situation is really strange. The Kremlin has already managed to disown all this, the State Duma heard it and hastily initiated an indignant request to the General Prosecutor's Office. At the same time, interrogations and arrests continue. Who benefits from all this?

“It cannot be ruled out that this is a personal initiative of Alexander Bastrykin”, - political analyst Abbas Gallyamov told Novye Izvestia. - One gets the impression that Alexander Ivanovich is tired of being a simple campaigner, he wants to influence political processes, wants to be an active player who implements the Kremlin's trends. It is possible that this whole sensational story with gay fathers who are involved in child trafficking is an attempt by Bastrykin to somehow prove himself. But the responsibility for this situation, which has grown into an ugly scandal, will in any case fall on the Kremlin”, - the political scientist believes.

Well, the investigators themselves will solve very difficult issues. There are many opinions on the Web that say that the seizure of two children from the "popular favorite" Philip Kirkorov may become the biggest scandal. So the question arises: will the UK start implementing its initiatives with the People's Artist or will it be limited to lesser-known figures?