for families childless due to the inability of his wife to conceive or bear fruit, surrogacy is the only way to get a child who is genetically native to both spouses.
no legal definition of surrogate motherhood, but in practice under him understand the bearing and birth by a woman biologically alien child for another family.These people will then be considered by his parents, on the basis of a gestation.In the case of surrogate motherhood are used IVF technology (genetic material is taken of potential parents and placed into the body of a surrogate mother).
Thus, from a legal point of view, this situation involved several independent entities: the parents, the surrogate mother, a medical institution, as an extra, you can call the public authorities and centers involved surrogacy.
program "surrogate motherhood" can be offered to you in the following indications:
- absence of uterus (congenital condition or arose after surgery);
- carcinoma of the uterus;
- lack of implantation in IVF programs;
- habitual miscarriage ;
- for health when there are medical contraindications for carrying of a pregnancy.
An important step is to find a surrogate mother.There are many ways to solve this problem: an appeal to relatives, friends, in specialized centers, placing ads in the media ... Our advice to you - is to contact the professionals, and lay on them full responsibility in resolving the issue of surrogacy IVF program.
Minzdavsotsrazvitiya Order №67 of the Russian Federation to establish requirements for surrogate mothers:
- women from 20 to 35 years;
- have at least one healthy child of their own;
- good health, moral and psychological stability;
- no criminal record.
To start the program "surrogate motherhood" is necessary to conclude an agreement on gestation in writing, its content is determined by most medical institution, where fertilization takes place.
The contract should reflect the following points:
- medical facility, where it will undergo in vitro fertilization, where the surrogate mother will be observed during pregnancy, as well as where the birth will take place.
- Compensation medical costs and loss of a surrogate mother in her earnings.
- Locations surrogate mother during pregnancy, her responsibilities.
- Consequences in case of a birth of a disabled child.
- Sanctions for failure to comply with conditions of the contract (the responsibility of each of the parties) may be in the form of damages, payment of penalties, compensation for moral damage;
- Duty prospective parents to adopt the child.
legislation establishes compensation for the surrogate costs related to pregnancy and childbirth.It may also include medical expenses, payment of the center on the selection of candidates surmateri, and payment of compensation, the paperwork for the child.The average cost of the program is about 15-20 thousand dollars.
to register the child (ren) born to a surrogate mother, parents must provide the registry office in the bodies of a certain set of documents (birth certificate of a medical consent surrogate mother, a certificate from the IVF clinics).
Some features of law and medicine:
- Under current law, to determine the fate of the child is entitled to a surrogate mother.Only after she abandons the child, will take effect right genetic parents.
- If a woman wishing to become a surrogate mother is married, the written consent of her husband to carry out IVF program.
- found that in the womb of a surrogate mother embryos get accustomed much more frequently, which leads to the top of multiple pregnancy in 2% of cases of ectopic pregnancy occurs .
- Russian law does not stipulate a situation that may arise in the event of divorce or the death of the biological parents before birth.
- legislation clearly stipulates that the surrogate program can use only a married couple.However, there are cases of registration of women, unmarried, born by a surrogate mother of the child.Single men and does not have access to assisted reproductive technologies.
There are both opponents and supporters of surrogacy.The first fear that this could turn into a market where children act as a commodity, as well as exploitation of women as a "incubator."However, in our opinion, this program addresses important social issues, helping people desperate to have their children.