Controversial assistance in choosing baby's sex: Health inspection determines whether Mihaljević violated regulations

Several experts in the field of infertility treatment claim that genetic testing for the purpose of determining gender is prohibited by law in Montenegro.

Žana Mihaljević refused to answer questions from "Vijesti"

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Mihaljević on the completed program on the topic of child protection in cyberspace, Photo: Instagram
Mihaljević on the completed program on the topic of child protection in cyberspace, Photo: Instagram
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The health inspection of the Ministry of Health determines whether Zana Mihaljević from the Foundation "I Have the Right to Be a Mom Too" from Podgorica violated regulations when she posted on Instagram a call for future parents to consult her regarding programs through which they could choose the sex of their child.

Several interlocutors of "Vijesti", experts in the field of infertility treatment, pointed out that genetic testing for the purpose of determining gender is prohibited by law in Montenegro.

From the Ministry of Health, which is headed by Vojislav Šimun, a gynecologist, said that the procedure with the Health Inspectorate is ongoing and that because of this, "the Ministry is not able to provide additional comments at this time."

Regarding the controversial post, the Association "Parents" contacted the ministry on April 9. Among other things, they requested an immediate response and that the Ministry of Health prevent "the further spread of controversial content on social networks, which promotes alleged medical methods for family planning with the possibility of choosing the sex of the child."

"The possibility of choosing gender exists. Plan your family the way you want," reads, among other things, the controversial post, in which Mihaljević invites those interested to contact her for more information and consultations.

“The first consultation is free,” she says.

Post offering consultations on a baby gender selection program
Post offering consultations on a baby gender selection programphoto: Instagram

In their letter to the Ministry of Health, the Association "Parents" stated, among other things, that it was problematic that the information published by Mihaljević was presented as medically based. They requested that the ministry determine whether this was a violation of legal and ethical norms in the field of healthcare and advertising, and to take appropriate measures to protect citizens from disinformation.

The controversial post is no longer visible to followers who are not approved by Mihaljević on Instagram. She "closed" her profile and changed her username after questions were sent to "Vijesti" regarding the post about her gender choice, as well as other content she posted on the network.

Sterility, menopause, cyber, space...

Mihaljević founded the "I Have the Right to Be a Mom" ​​Foundation a few years ago and has been communicating publicly about infertility treatment for years. According to posts on Instagram and her LinkedIn profile, she has expanded her activities to include people with disabilities, the health of women in menopause, and cybersecurity. In one post, she also mentions the "Orbita Prime" program, which connects with space, technologies, missions...

Mihaljević connects the 'Orbita Prime' program with space, technologies, missions...
Mihaljević connects the "Orbita Prime" program with space, technologies, missions...photo: Instagram

In addition to her Instagram posts, Mihaljević signs herself as the author of several works that she describes as books, public policies, research...

The materials are publicly available on the Zenodo platform and do not contain references to other authors, research, or sources.

Zenodo is an open platform for sharing research and other works. However, Zenodo does not undergo rigorous peer review like scientific journals do.

The Instagram account links to works published on the Zenodo platform.
The Instagram account links to works published on the Zenodo platform.photo: Instagram

Mihaljević did not respond to questions from the editorial staff about why she decided to omit sources from her papers, nor what methodology she used in writing them. Among the titles she has published is “Parenthood Without Barriers,” a paper on children's cybersecurity that was also used as a basis for a bill.

She was also asked on what basis she believes her work can serve as a "policy framework" for public systems.

She signs herself as the author of the document "Consent for Embryo Transfer", and in an Instagram post she states: "I have published the first legal framework that regulates what the system ignores - errors in in vitro fertilization."

Among other things, "Vijesti" sent her questions regarding this. Mihaljević refused to participate in the writing of the text, stating that she was in a "sensitive health process".

"For this reason, I refuse to comment on the questions raised, especially those related to personal and health circumstances. The 'Be a Mom' Foundation does not provide medical services or medical advice, and all publicly available materials are for informational purposes only," she said, adding that she would also take appropriate legal measures, "in the event of the publication of inaccurate or contextually distorted information."

"As well as any intrusion into my private life."

Word of profession

Dr Tatjana Motrenko Simic from the "Human Reproduction" clinic in Budva" points out that sex determination is prohibited in most European countries, including the countries of the former Yugoslavia and the European Union.

"If it is done somewhere, then PGT is first done, that is, a biopsy of embryo cells at the blastocyst stage, which is frozen, and based on the results, embryos of the appropriate sex are transferred... I deeply disagree with that and I think that preimplantation genetics should be used to diagnose diseases, not to select sex," Motrenko Simić, also the coordinator of the European Society for Human Reproduction and Embryology (ESHRE), responded to a query about the announcement about the possibility of selecting sex.

Mihaljević also offers a "premium guide" for women going through menopause online. For 39 euros, you get the book "The New Menopause", the guide "Menopause Reset", bonus content...

"As for menopause treatment, if selling advice on nutrition and lifestyle is what is being offered... that doesn't worry me, because it's a person's choice whether to click on a book by a person who is not medically educated or qualified, and we can't prevent that... Of course, nothing can replace hormones, especially estrogen, except estrogen, so four-fifths of the things given are just Epiphany water, it doesn't hurt, but it doesn't help either," says Motrenko Simić.

He adds that the indiscriminate use of hormonal preparations after menopause would be a concern:

"Which is dangerous, and for which it is necessary to first undergo medical examinations, see the coagulation status, examine the breasts, test liver function, and only then proceed if the benefit outweighs the risks."

In addition to the program for menopausal women, Mihaljević also signs a document called "Guide for Safe Embryo Transport," as well as several other documents related to infertility treatment.

"Vijesti" asked the Ministry of Health for comment, as well as whether they would recommend such content:

"In the absence of valid scientific evidence and appropriate expert evaluations, there is no basis at this time for commenting on or recommending such content to the public," the department headed by Šimun stated in a response.

“Substantial contribution” to the bill

At the beginning of the year, a member of parliament from the Socialist People's Party Sladjana Kaluđerović submitted to the Parliament of Montenegro the Draft Law on the Protection of Minors in Digital Space.

Kaluđerović announced at the end of last year that in developing the solution, "cooperation with experts in the field of digital security was of particular importance to her":

"Among whom I would like to highlight Žana Mihaljević, who, through her experience in European child protection standards, has made a concrete and substantial contribution to defining measures," said Kaluđerović.

Mihaljević, according to one of her Instagram posts, has completed one of the programs organized by the International Telecommunication Union (ITU).

"I became the only one in Montenegro with the official ITU Academy (UN) credential Child Online Protection - Intermediate Level," she said.

"This recognition did not come by chance. It came as a result of many years of work on the border of health, education, politics and digital security... I am proud to represent this field in Montenegro with internationally verified knowledge, in cooperation with a United Nations institution," she adds in the same post.

Certifications don't make someone an expert.

The Ministry of Public Administration told "Vijesti" that the ITU Academy certificate in the field of child protection in the online space (Child Online Protection) represents an educational program of the International Telecommunication Union, that their certificates confirm that an individual has completed a certain training program, but that "they do not in themselves represent a formal academic qualification or automatic expert status in that field."

"The assessment of an individual's expertise depends on a wide range of factors, including education, professional experience and relevant references," the department in charge said. Marash Dukaj.

They did not comment on specific titles and works by Mihaljević, but they recommend that they be approached with caution:

"When it comes to publicly available content that relates to sensitive topics, we recommend that their validity be assessed based on relevant sources, expert reviews, and institutions responsible for specific areas (health, science, social policy, etc.)."

UNICEF claims they are not partners

In the publication "Digital Child Safety - The Law of the New Generation", which is available on her profile on the Zenodo platform, in the acknowledgements section, Mihaljević, among other things, thanks "international partners, including organizations that inspired the structure of this document and provided support through publicly available materials, especially UNICEF, ITU, UN..."

UNICEF recently organized an event in Podgorica to announce research on the sexual exploitation and sexual abuse of children using digital technologies. After the event, Mihaljević posted a photo on Instagram, in which she, SNP MP Slađana Kaluđerović, and the head of the representative office in Montenegro, Mike ServadeiAlong with the photo, she stated that they were "invited by UNICEF."

UNICEF's Montenegrin office told "Vijesti" that they have no partnership with Mihaljević and that the photos from the event do not represent support or partnership with the individuals, their views or work.

"The photograph you are referring to was taken during a public presentation of research on child safety online, which brought together representatives of institutions, civil society, and the media," they said.

They also recalled that, prior to that event, UNICEF, within its mandate and at the request of MP Kaluđerović, participated in a technical consultative meeting regarding the draft law on the protection of children in cyberspace.

"On that occasion, UNICEF provided expert input in line with its mandate to support evidence-based policy-making processes in the best interests of children. Such consultations are conducted regularly and do not constitute a partnership," they stated in their response.

On the LinkedIn profile in the name of Žana Mihaljević, in the section related to experience, there is a link to the profile of the Government of Montenegro. The Government denied that they have a profile on that network, but did not answer whether and in what way they had cooperated with Mihaljević.

In connection with the publication of the work "Parenting Without Borders", which the author presents as "policies for inclusive IVF systems" and the realization of rights for persons with disabilities, "Vijesti" asked the Ministry of Human Rights whether they had any cooperation with Mihaljević.

The Directorate for Protection and Equality of Persons with Disabilities, they said, did not cooperate with the organization founded by Mihaljević.

“Limited cooperation” with the European umbrella organization

The Foundation "I Have the Right to Be a Mom Too" is an associate member of "Fertiliy Europe" (FE), an umbrella organization that brings together associations from various European countries.

The foundation, as "Vijesti" was told by FE, has had associate member status since 2023. With that status, it has a relatively limited relationship, without management powers and voting rights.

In response to the nature of their cooperation with the Foundation, FE said that it mainly consisted of their support in translating and distributing FE materials:

"Surveys and other communications via their social networks, as well as within their target groups and communities. On the other hand, Fertility Europe has never been contacted to participate in, contribute to or support any activity or project carried out by the said association," they told "Vijesti".

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