Dmytro Konovalenko
Senior Partner

Successful Challenge to an INTERPOL Diffusion in a Cross-Border Surrogacy Case

Case Overview

Our client was the subject of an INTERPOL Diffusion issued at the request of a foreign state. The allegations concerned human trafficking linked to assisted reproductive treatment, commercial surrogacy and the cross-border relocation of newborn children.

The Commission for the Control of INTERPOL’s Files found that the data did not comply with INTERPOL’s rules.

Background

The requesting authorities alleged that our client had participated in an organised scheme involving fertility treatment, surrogate mothers and the transfer of children to foreign biological fathers.

According to the allegations, assisted reproductive procedures had been used under the appearance of lawful fertility treatment, while medical and civil documents had allegedly been prepared to allow the fathers to register and take the children abroad.

Our client disputed the classification of the case as human trafficking. The defence argued that the matter concerned surrogacy arrangements and assisted reproductive technology, not the sale or exploitation of children.

The fathers had provided their own genetic material and later travelled with their biological children. The surrogacy arrangements were voluntary, and no coercion was alleged.

Legal Position

The key issue was whether the facts supported an international alert for human trafficking or whether the case was, in substance, related to gestational surrogacy and domestic reproductive regulations.

Although the requesting state referred to alleged irregularities in medical records, birth registration and paternity documents, our client was not internationally wanted for fraud or document falsification.

We argued that the legal classification had to reflect the actual conduct described, rather than the title given to the offence by the requesting authorities.

INTERPOL human trafficking case involving cross-border surrogacy

The Commission’s Findings

The Commission found that:

  • commercial surrogacy was not itself prohibited in the requesting state at the relevant time;
  • the men who travelled with the children were their biological fathers;
  • the allegations mainly concerned surrogacy and assisted reproductive procedures involving single fathers;
  • the case relied largely on alleged breaches of medical and civil regulations; and
  • the conduct was more closely related to a gestational surrogacy offence than to human trafficking.

The Commission also noted that alleged document-related offences could not justify the Diffusion because they were not the offences for which the client was internationally wanted.

It confirmed that the minimum standards applicable to Red Notices apply equally to Diffusions. Because INTERPOL alerts may not be used for certain gestational surrogacy offences, the Diffusion did not meet the required legal criteria.

Need Advice on an INTERPOL Case?

If you are the subject of an INTERPOL Red Notice or Diffusion, or believe your data has been processed in violation of INTERPOL’s rules, legal advice at an early stage can make a significant difference. Every case is different, and the available legal remedies depend on the specific facts and procedural history. If you would like to discuss your situation, our team can assess your case and advise you on the available options.

29 months:
February 2024 – July 2026
Dmytro Konovalenko
Written by
Dmytro Konovalenko

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