We asked Konstantin N. Svitnev, C.E.O. of Rosjurconsulting law firm, and the “main person involved” in the notorious “case of reproductive specialists” to comment on the issue.
“This is unprecedented news that has no analogues in modern history,” said Mr. Svitnev. “In fact, the state, represented by its Investigative Committee, is not only trying to determine who can continue their family line and become a parent of their child, but also declares the very fact of having a child born to people with “non-traditional sexual orientation” a crime and treated new fathers as criminals. This situation is even more alarming because we are no longer talking about “evil foreigners”, but about our fellow citizens! People are subject to criminal prosecution only because they became parents in Russia! Because these children were born on Russian soil, their parents are deemed criminals. And the state has unanimously determined the child’s future will be of hardship, isolation and devoid of their biological parents.”
“I have always believed that the opportunity to become a parent using modern ART (assisted reproductive technologies), including surrogacy, is not a privilege, but a RIGHT. I have always said that the right to procreation is an absolute, natural and inalienable right of any person, given to us from above. This is the same natural right as the right to life, the right to breathe. And no discrimination based on marital status, gender or sexual orientation in the exercise of this right by citizens is permissible. The Russian Constitution, the fundamental law of our country, direct and immediate effect provision, guarantees this, as well as the equality of rights for all citizens, regardless of their natural properties, protects family, motherhood, fatherhood and childhood.”
“Even if the new edition of Art. 72 of the Constitution recognizes marriage as “the union of a man and a woman,” we all understand that although the Constitution does not define what “family” is, a child and a father raising their child in their family are the same family as a mother with her child, or as two parents raising a child.”
“The actions of the Russian Federation’s Investigative Committee are a direct attack on such sacred concepts for every person as family, motherhood, fatherhood and childhood. This is an attack on the family. This is an attack on the Constitution.”
“The very fact of publishing this “news” is blatant. The Russian state is telling fairy tales about the protection of the family, motherhood, fatherhood and childhood, and those citizens who believed those stories now have to consider leaving the country as soon as possible in order to avoid imprisonment!”
“Of course, this is blatant lawlessness. As a lawyer, I will say that the Investigative Committee’s actions clearly show signs of acts under cl. 2 of Art. 137 of the Russian Federation’s Criminal Code – the violation of citizens’ privacy, namely the illegal collection of information about a person’s private life using an official position; Art. 285 of the Russian Federation’s Criminal Code – abuse of powers of office, as well as cl. 2 and cl. 3 of Art. 299 of the Russian Federation’s Criminal Code – charging the knowingly innocent with a criminal offence, combined with the charge of committing an especially grave crime.”
“All who will become and have already become the victims of the attack on family, motherhood, fatherhood and childhood by the Russian Federation’s Investigative Committee can get free legal support at Rosjurconsulting. I guarantee that we will protect their families, the rights and interests of their little children.”
“I am surprised that there is no official reaction from the Investigative Committee officials to this “news.” I hope that the Russian Federation’s Investigative Committee broadcasting for and without reason about its victories in the law enforcement field will refute this “news” immediately and declare that the desire to become a father is not a crime and that no one will be arrested for having a child in Russia. Neither Russians nor foreigners.”
According to a TASS source, the Investigative Committee plans to complete the investigation of the criminal case by the end of the year.
MOSCOW, September 30. /TASS/. As part of the investigation of the criminal case on child trafficking, the Russian Federation’s Investigative Committee plans new detentions and arrests of men who have resorted to surrogate mothers’ help to give birth to their children. A source in law enforcement agencies reported about it to TASS.
“As part of the investigation, the case will be supplemented with new episodes of child trafficking. The investigation officers are planning some arrests of new people involved in the case from single men, citizens of the Russian Federation, to whom children were born by surrogate mothers using the IVF procedure,” the source said. The rational being these men, by law, could not be donors for in vitro fertilization, “since they have a non-traditional sexual orientation.” They may be charged with “buying children.”
The source clarified that the Investigative Committee plans to complete the criminal case investigation by the end of the year.
In turn, Igor Trunov, the lawyer representing the defendants’ interests, confirmed this information to TASS while adding that the investigation officers’ intentions were illegal and unfounded.
“In relation to single men who have used IVF since 2014, the Investigative Committee is going to carry out the so-called lustration, as the investigation officers believe that non-traditional orientation and violations associated with that are qualifying signs,” said the defender. “According to our law, indeed IVF is indicated only for married couples and single women, while single men are not mentioned. It is also noted that this is a method of medical assistance, treatment of infertility, so single healthy men in Russia cannot use such procedures, since there is nothing to treat them for.”
According to him, the investigation officers seized all documents starting from 2014, containing information about those men “who used the services of “Rosjurconsulting” and “European Surrogacy Technologies,” including a medical center for surrogacy. “The Investigative Committee began to call in single fathers for questioning to find out with whom they entered into agreements and warn them that the guardianship and trusteeship authorities will take and redirect their children to orphanages while the investigation is underway,” said Igor Trunov. “Currently, it is known about ten single fathers – these are those whom the Investigative Committee is trying to summon for investigative actions and planning to charge them with child trafficking. The officers want to accuse these men of buying children and recognize the children as victims.”
Source: TASS