Surrogacy. Problems of surrogate motherhood

The goal, which all couples seek at all times, is the birth and upbringing of children. For many, this goal is the most important in life, for the sake of which people are committed to the most unpredictable acts, which can contradict all moral, ethical and legal norms, because, according to statistics, about 20% of couples do not have the opportunity to have their own children. In extreme cases, couples resort to the services of surrogate mothers, as a result of which all sorts of problems arise in surrogate motherhood.

This problem, both in the world and in Russia, is only gaining momentum every year. It is becoming more relevant from a medical, ethical, legal, moral point of view. This is a surrogate motherhood. The problems that arise in the course of its implementation and after, can have a negative impact not only on the surrogate mother, but also on the genetic parents and the child.

The essence of the phenomenon

Surrogate motherhood is the fertilization, bearing and birth of a child, which occurs according to a contract concluded between potential future parents and a surrogate mother. At the same time, for the fertilization of a woman, the sex cells of future parents are taken, for which it is impossible to have a child for medical reasons.

A surrogate mother is essentially a woman who agrees to be fertilized by the cells of a man and woman (future parents), to bear, give birth and transfer the child to the hands of legal parents.

The extreme measure resorted to by married couples is the surrogate motherhood service.

The multidimensionality of the problem of surrogate motherhood

Like surrogate motherhood, and other types of reproductive technologies, which in modern times help many couples enjoy the joy of paternity and motherhood, they have significant shortcomings and significant advantages.

Of course, infertile couples use all methods of reproduction for the sake of happiness, which brings a child's laughter into the house, including as an extreme measure of surrogate motherhood.

The problems that arise from the spread and introduction of modern methods of conception and the birth of children also have a significant impact on the moral, ethical and social well-being of society. Modern couples are not fully aware of all the problematic aspects that arise afterwards, and, of course, they can not and do not even want to evaluate all that the use of such methods leads to.

Legal regulation of surrogate motherhood in Russia

Legal regulation in Russia has a significant role, as it is regulated not by one legislative act and document. These are articles in the Family Code of the Russian Federation, the federal law "On the fundamentals of protecting the health of citizens in the Russian Federation", the law "On Civil Status Acts", the order of the Ministry of Health of the Russian Federation "On the use of assisted reproductive technologies (ART) in the therapy of female and male infertility."

To register a child who was born by surrogate motherhood, the following documents are needed:

- birth certificate from a medical institution;

- consent of the surrogate mother;

- certificate from the clinic on IVF.

Problem aspects of surrogate motherhood

There are opponents of methods of reproduction, which in particular distinguish and surrogate motherhood. The problems that arise in this case are of a diverse nature:

- children are transformed into something similar to what you can sell and buy;

- there are situations in which wealthy couples or individual men, women can take in the service of not very well-off women who are ready for the sake of money for everything, even the bearing and the birth of children, which is completely contrary to the natural instincts of man;

- Surrogate motherhood becomes a so-called work contract, so the woman's thoughts about earnings will be initial, and considerations of the benefits for themselves, the baby and others become secondary and, as it were, go into the background;

- Supporters of the feminist movement note that surrogate practices will trigger the exploitation of the female half of the population;

- Church employees note that surrogate motherhood serves as one of the impulses for departing from the humanistic human beginning and from the traditional culture, the spiritual and moral side of man;

Even if at the beginning of pregnancy the woman felt that she could give up the child born and born by her without problems and special work, a very close and mysterious connection between the baby and the woman who carried it out was established within 9 months. For the parent is a real psychological trauma, the transfer of the child to the hands of customers. This is the real open ethical problem of surrogate motherhood.

State programs in solving problems of surrogate motherhood

Legislation and all state programs are aimed at reducing the number of surrogate motherhood cases, especially when the woman herself can bear and give birth to her own baby:

- Diseases of the uterus that do not allow a woman to bear a child.

- Complete absence of the uterus after removal.

- Habitual miscarriages, which can not be cured by any existing medical methods.

- Serious somatic diseases of the heart system, kidneys, liver, in the presence of which not only to give birth, but even to become pregnant is difficult.

Problems of the legal nature of surrogate motherhood, which violate the rights of biological parents

There are not only moral, moral and ethical, but also significant problems in the legal regulation of surrogate motherhood in Russia. Such shortcomings make vulnerable in some situations surrogate mothers, in others - suffer couples or individuals who hire a woman for the bearing and birth of their child. Among such legislative problems, one can distinguish:

1) Illegal actions and extortion by a woman who carries and gives birth to a child. After all, proceeding from legislative acts, biological parents can write themselves as legal and official parents only after giving consent from the surrogate mother. Often there are cases when such parents, knowing loopholes in the law, begin to demand large amounts of rewards than it was stipulated in the contract between the two parties, or real estate.

2) The necessary moment is also the creation of a legislative act that would protect biological parents from extortion and unacceptable actions on the part of the woman who gave birth to the child. After all, there are cases when surrogate mothers, who at the beginning of pregnancy were determined to pass the child honestly, after the birth sharply change their mind (and this is quite understandable by natural instincts) and begin to look for ways of appropriating the baby. They can do this even after the official registration of the child, the transfer of the amount that is due to them under the contract or property from legal parents. In this case, even after fulfilling all the conditions of the contract, the woman who gave birth to the child can leave the baby, and the parents will remain without money, and without the child.

Legal problems of the surrogate mother

Legal problems of surrogate motherhood can arise from the part of the woman who gave birth to the child under certain conditions. For example, there are cases when a baby with a deviation, pathology or disease is born and biological parents refuse to take the child and pay the relying mothers money. In this case, a surrogate mother can stay not only without money, but also on her hands with a sick kid with genes that are alien to her.

So the problems of surrogate motherhood in Russia take place, because the legislative base in our country is far from perfect. These problematic aspects require a reasonable, balanced decision of specialists, and not a complete refusal to legitimize this phenomenon, because there are many cases of illegal motherhood in surrogate way. And it's good if people can, according to the agreement, solve all the problems and disperse peacefully, without infringing upon each other's rights, but often the other way around.

Accusing also the surrogate mother in the diseases of the child, it is necessary to study the information on this matter well. After all, from a physiological point of view, during pregnancy, diseases can not be transmitted from the surrogate mother to the fetus, their blood does not touch. All external and internal data, character traits are determined only at the genetic level. Negative can affect only the condition of a pregnant woman on a baby, her psychological and physical health, but, as a rule, all these factors are carefully checked before the onset of pregnancy.

Problems of surrogate motherhood of an ethical nature

In the legislation of the Russian Federation there are a number of laws that regulate relations in this area. Although the moral and ethical problems of surrogate motherhood are far from any legal norms.

Among the ethical problems associated with the use of surrogate motherhood, there are:

- mental and physical problems are possible for a surrogate mother and a child who is in the womb;

- violation of the notions of blood relationship and kinship;

- necessary securing the mystery of the origin of the child;

- mental disorders in real potential parents;

- The commercial side of motherhood (use of the organ - the uterus - for profit);

- purchase and sale of children.

Physical and mental problems for surrogate mother and child

Bioethical problems of surrogate motherhood are of a multifaceted nature and affect the physical and mental health of the surrogate mother and the child itself. This is easily explained by the fact that early toxicosis, as a rule, these women suffer much more often than those that bear the native fetus. After all, a woman who is pregnant with her child wears a baby whose half of the genotype belongs to her. A surrogate mother bore a fruit, alien to her organism, consisting of cells that belong to biological parents. Fetus in such cases more often than usual can be rejected, there are physical complications (weakness, loss of appetite or refusal to eat, vomiting). Against their background, there are also psychological problems (suspiciousness, excessive anxiety, irritability).

Psychological trauma of a surrogate mother and child

The moral problems of surrogate motherhood are also widespread. Despite the fact that advocates of reproductive methods say only that:

1) Women who do not have the chance to endure and give birth to their own child, only thanks to a surrogate method can enjoy the happiness of motherhood.

2) With nothing comparable to the joy of the birth of a genetically owned child.

They keep silent, as a rule, that there are colossal psychological problems, because a woman who bore and gave birth to a child already experiences postpartum depression because of a sharp change in hormones, and a surrogate mother must transfer the baby to the parents of customers that Most often causes a huge psychological trauma. The child at the break with the woman who carried it, also suffers, because for 9 months they were connected.

Violation of the notions of blood relationship and kinship

There are examples when the grandmother carries and gives birth to a grandson or granddaughter, acting at the same time as a surrogate mother. In such cases, the same woman acts as mother and grandmother, which violates blood ties and the designation of generally accepted concepts. There are ethical problems of surrogate motherhood. Bioethics in such cases is violated, and children suffer who can not fully understand their origin and the notion of who is who in the family. Often there are questions in the child, who is who: mother or grandmother. Although it is possible, it is better to keep the origin in secret, but this in real life is far from always so simple.

Ensuring the mystery of the origin of the child

The ethical problems of surrogate motherhood also consist in preserving the secrets about how the child was born and born, about its origin. After all, those who contracted a surrogate motherhood and survived the whole process in the role of a surrogate mother or biological parents know firsthand how difficult it is to keep the secret of the baby's origin. The problems of surrogate motherhood in Russia are further exacerbated by the specifics of the mentality, because it is so hard for our people to remain silent and not spread gossip.

Violation of the psyche of biological parents

Negative influence on the psyche and genetic parents surrogate motherhood. The problems that arise in the process are of a psychological nature and consist in the fact that:

- a surrogate mother may refuse to provide services, withdrawing the prepayment, and disappear from the country;

- the fear of a genetic mother who can not know about the conditions under which her baby resides and whether there is a negative impact on the fetus. In any case, she has no control over the surrogate mother;

- after the birth of the baby, parents often start looking for a similarity to the woman who carried the child for them, and to be afraid that she might have given something to him.