New bill classifies exploiting surrogacy as human trafficking
Draft amendments to the Penal Code and the Victim Support Act would make exploitation for the purpose of surrogacy or illegal adoption in connection with human trafficking punishable.
According to Minister of Justice and Digital Affairs Liisa Pakosta (Eesti 200), the focus of the amendments is on preventing human trafficking and strengthening the protection of victims.
"Demand fuels human trafficking, so those who knowingly use the services of victims and thereby effectively support the criminal world must also be held strictly accountable. Even in cases involving services such as massage or manicure — if the service is provided by a trafficking victim and the client is aware of this, it may result in up to five years' imprisonment for the client," she said.
In addition to penalties for the knowing use of services provided by trafficking victims, the draft legislation clarifies which forms of exploitation are considered human trafficking. Newly added categories include:
- exploitation for the purpose of surrogacy, punishable by up to seven years' imprisonment;
- exploitation for the purpose of illegal adoption, punishable by up to seven years' imprisonment;
- the use of digital means to threaten and control a trafficking victim (for example, through sexually explicit material), which is treated as an aggravating circumstance and may result in up to 15 years' imprisonment for human trafficking offenses.
The amendments are part of a broader plan to reduce demand for human trafficking.
"Early identification of trafficking victims will improve and assistance will become more accessible and systematic. To this end, a clear national referral mechanism will be established to help authorities cooperate more effectively in identifying victims and directing them to receive assistance. International cooperation and information exchange in cases and suspicions of human trafficking will also be strengthened," the Ministry of Justice said.
With these amendments, Estonia's legislation would be brought into line with the European Union's amended anti-trafficking directive of 2024 and the Council of Europe Convention on Action against Trafficking in Human Beings.
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Editor: Marcus Turovski
