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The Ordo Iuris Institute has filed a notification with the District Prosecutor’s Office for Warsaw-Śródmieście concerning the activities of the Ukrainian company BioTexCom LLC, which offers paid so-called surrogate motherhood programs.

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BioTexCom plans to hold a “promotional” event in Warsaw on September 12–13, 2026, aimed at Polish clients.

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In the view of Ordo Iuris, the company’s activities encompass the comprehensive organization of the entire process, including the handover of the child to the commissioning parties while bypassing the Polish adoption procedure. The notification concerns three categories of acts: the illegal organization of adoption, preparations for human trafficking, and participation in an organized criminal group.

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The Ordo Iuris Institute has requested the opening of proceedings, the imposition of a ban on leaving the country on the suspects, and the securing of documentation relating to the organization of the Warsaw event.

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Ordo Iuris has prepared a petition to the Prosecutor General appealing for action on the “fair.” The appeal can be signed at niedlasurogacji.pl.

Commercial surrogacy targeting Poles

The Ordo Iuris Institute has filed a notification with the District Prosecutor’s Office for Warsaw-Śródmieście in Warsaw regarding a reasonable suspicion that offenses have been committed in connection with the activities of the Ukrainian company BioTexCom LLC, which offers paid “surrogate motherhood” programs. The firm plans to hold a “promotional” event in Warsaw on September 12–13 aimed at Polish clients.

According to the Institute’s findings, BioTexCom operates a Polish-language website and communication channels (including Instagram and Facebook profiles) through which it acquires clients interested in paid “surrogate motherhood” programs and assisted reproduction procedures. The company has also made available a registration form for the event that is to take place in Warsaw.

In the view of Ordo Iuris, BioTexCom’s activities are not limited to medical services but encompass the comprehensive organization of the entire process: acquiring and screening clients, selecting the woman who is to give birth to the child, carrying out medically assisted procreation procedures, coordinating the pregnancy and delivery, and then arranging the handover of the child to the commissioning parties together with documentation enabling them to exercise parental authority–bypassing the adoption procedure provided for under Polish law.

Three categories of alleged offenses

The notification concerns a reasonable suspicion that the following offenses have been committed:

  • organizing the adoption of children in violation of statutory provisions for the purpose of obtaining a financial benefit (Art. 211a § 1, § 2 point 2, and § 3 of the Criminal Code)–because, under Polish law, the mother of a child is the woman who gave birth to it, and the acquisition of parental authority by another person requires proceedings before a guardianship court;
  • preparations for human trafficking (Art. 189a § 2 of the Criminal Code)–in connection with the paid and organized mechanism leading to the handover of the child to specified persons after its birth;
  • participation in an organized criminal group or association and, where the persons directing it are identified, the establishment or direction of such a structure (Art. 258 § 1 and 3 of the Criminal Code), given the multi-stage and cross-border nature of BioTexCom’s activities, which involve persons responsible for client contacts, marketing, legal services, and event organization.

The Institute emphasizes that, under Art. 115 § 22a of the Criminal Code, adoption is “the acquisition of parental authority over a child by a person other than the one from whom the child originates”–regardless of the name given to the service offered. In the assessment of Ordo Iuris, it is likewise immaterial to criminal liability whether the handover of the child actually took place or was merely attempted.

In its notification, the Institute also cites the decision of the Voivodeship Administrative Court in Kraków of January 16, 2024 (III SA/Kr 1217/19), in which the court indicated that agreements connected with paid adoption are subject to prosecution under Art. 211a of the Criminal Code as contrary to the Polish legal order.

In the Institute’s view, the manner in which the women taking part in BioTexCom’s programs are recruited also requires clarification–whether their participation is the result of a fully free decision, or whether they find themselves in a difficult personal or economic situation, what remuneration they receive, and whether they remain under the organizer’s actual control. Ordo Iuris further points out that it is difficult to accept that the persons involved in BioTexCom’s multi-stage and cross-border activities–those responsible for client contacts, marketing, legal services, or event organization–were unaware of the unlawfulness of these activities on Polish territory.

What Ordo Iuris is demanding

The Institute has requested the opening of preparatory proceedings and the identification of all persons responsible for the described activities, including, among others, the person directing and representing BioTexCom LLC, the company’s founder and beneficial owner, the person responsible for handling clients from Poland, and the person responsible for BioTexCom’s advertising campaigns on social media. Ordo Iuris also demands that a ban on leaving the country, combined with the seizure of passports, be imposed on the suspects, together with the securing of documentation and electronic data relating to the organization of the Warsaw event.

Ordo Iuris consistently points out that surrogate motherhood in its commercial form violates the dignity of both the woman giving birth to the child and the child itself, which in such a model is reduced to the object of a paid transaction. The Institute has also prepared a petition to the Prosecutor General, appealing for legal steps to be taken regarding the surrogacy “fair.” The appeal can be signed at niedlasurogacji.pl.

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Source of cover photo: iStock