The accusation reads child trafficking. According to reports, state investigators plan not only to take children aways from their single dads, but also to arrest the men who became fathers through in vitro fertilisation and surrogacy. Queer organisations speak of homophobia as a motive, while the deputy head of the Committee for Family, Women and Children’s Issues calls the plan a blatant violation of the law.

Fathers fear for their children – and their freedom. The children are to be placed in foster families. The investigators justify themselves with the fact that according to Russian law, allegedly only married couples and single women have access to in vitro fertilisation (IVF) – although commercial surrogacy is allowed in Russia, unlike in many other countries of the world.

Surrogacy only for “traditional” parents

On 30 September, the state news agency TASS reported for the first time on the imminent arrest of these single fathers, citing a source in law enforcement. The source stated that according to the law, these men cannot use IVF because they “do not have a traditional sexual orientation”. Therefore they were illegal clients.

The planned arrests belong in the context of a case of human trafficking that is currently before the courts. Two reproductive technology companies are involved. They are alleged to have offered their services to unfit clients both at home and abroad. Several doctors who worked with the surrogate mothers and companies involved were arrested during the summer in connection with this case. The gay fathers are now reported to have turned up in confiscated documents held by the companies.

Igor Trunov, a lawyer representing some of the defendants, confirmed the planned arrests to the TASS news agency. He says that the single fathers were summoned for interrogation and warned that their children could be sent to orphanages at least for the duration of the investigation. According to Trunov, there are ten fathers whom the committee of enquiry wants to charge with child trafficking. The lawyer stressed that he considers the intention of the investigation to be illegal.

Queer activists* are sure: The real motive is homophobia

Max Olenichev, a lawyer working for the queer Russian organisation “Coming Out” made clear: In his opinion, the motivation behind the project to deprive fathers of their biological children is nothing more than another manifestation of homophobia.

“Sexual orientation is not a criterion for prohibiting the use of assisted reproductive technologies (ART)”.

After the birth of a child, a father in Russia could easily confirm his legal status. The registry office would then issue a birth certificate – the “Father” column would show his name, the “Mother” column would only contain a hyphen. It was a private matter in which the state should not interfere, Olenichev said.

“Thus, the state, represented by the court, clearly defines the parental status of such men, and no investigator has the right to claim the opposite”.

Alexander Belik, another lawyer from the Russian LGBT network, also believes that the investigating committee’s interest in homosexual fathers of children born through surrogate mothers is due to homophobia. He said

“The committee of enquiry should look at real cases of trafficking in sex workers* and migrant* women, rather than looking for gay men trying to start a family under discriminatory [Russian] legislation”.

Duma deputy appeals: Think of the children!

State Duma deputy Oksana Pushkina, head of the State Duma’s Committee on Family, Women and Children’s Affairs, expressed her horror. She wrote a letter to Prosecutor General Igor Krasnov in which she is said to have appealed to him to prevent children from being taken away from their families.

Her argumentation: According to the Russian constitution, men and women have equal rights. In addition, a draft law regulating IVF had been submitted to the State Duma’s Committee on Health Protection, but nothing else had been done so far – which is not surprising, given the influence of the Russian Orthodox Church today. Pushkina made it clear:

“I consider what is happening to be a blatant violation of the rights not only of fathers, but also of children, of whom the elders are expected to go to school next year”.

Speaking to the news channel RBC, the MEP stressed

“[These] men are not to blame for anything, in the present situation it is our duty to protect them from lawlessness and obscurantism.”

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