The goal that almost all couples have been striving for 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 go to the most unpredictable acts that can contradict all moral, ethical and legal norms, because, according to statistics, about 20% of couples do not have the opportunity to give birth to their own children. In extreme cases, couples resort to the services of surrogate mothers, as a result of which various problems of surrogate motherhood arise.
This problem, both in the world and in Russia, is only gaining momentum every year. It is becoming increasingly relevant from a medical, ethical, legal, moral point of view. This is surrogacy. Problems that arise during and after it 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
Surrogacy is the fertilization, gestation and birth of a child, which occurs according to an agreement concluded between potential future parents and a surrogate mother. In this case, for the fertilization of a woman, the sex cells of future parents are taken, for which, for medical reasons, it is impossible to have a baby.
A surrogate mother is essentially a woman who agrees to be fertilized by the cells of a man and a woman (future parents), to bear, give birth and transfer the child into the hands of legal parents.
An extreme measure to which couples resort is the surrogate motherhood service.
The multidimensionality of surrogacy issues
Both surrogate motherhood and other types of reproductive technologies, which in modern times help many couples to enjoy the joy of fatherhood and motherhood, have significant disadvantages and significant advantages.
Of course, infertile couples use all methods of reproduction for the sake of happiness that brings children's laughter to the house, including as a last resort surrogate motherhood.
The problems that arise as a result of the spread and introduction of modern methods of conception and birth of children also have a significant impact on the moral, ethical and social well-being of society. At the same time, modern couples are not fully aware of all those problematic aspects that arise later, and, of course, they cannot and do not even want to evaluate everything that the use of such methods leads to.
Legal regulation of surrogacy in Russia
A significant role is assigned to legal regulation in Russia, because it is regulated by more than one legislative act and document. These are articles in the Family Code of the Russian Federation, the federal law "On the Basics of Protecting Citizens' Health in the Russian Federation", the law "On acts of civil status", the order of the Ministry of Health of the Russian Federation "On the use of assisted reproductive technologies (ART) in the treatment of female and male infertility."
To register a child who was born through surrogacy, the following documents are required:
- birth certificate from a medical institution;
- consent of the surrogate mother;
- certificate from the clinic about IVF.
Problematic aspects of surrogacy
There are opponents of reproduction methods, which in particular emit surrogate motherhood. The problems that arise in this case are diverse:
- children turn into something similar to what you can sell and buy;
- situations arise in which wealthy couples or single men, women can take in the service not very well-off women who are ready for the sake of money for everything, even bearing and having children, which completely contradicts the natural instincts of a person;
- surrogate motherhood becomes the so-called contracted work, therefore, a woman’s thoughts on earning money will be primary, and considerations about the benefits for herself, the baby and those around her become secondary and seemingly go by the wayside;
- supporters of the feminist movement note that surrogate practice will be the impetus for the exploitation of the female half of the population;
- church officials note that surrogacy is one of the impetus for moving away from the humanistic principle of man and from the traditional culture, spiritual and moral side of man;
Even if at the beginning of pregnancy a woman felt that she would be able to give up a child born and born to her without problems and special labor, within 9 months a very close and mysterious connection is established between the baby and the woman who endured it. For the child who becomes a real psychological trauma, the transfer of the child into the hands of customers. This is the real open ethical problem of surrogate motherhood.
State programs in solving surrogacy issues
Legislation and all government programs are aimed at reducing the number of cases of surrogacy, especially when the woman herself can bear and give birth to her own baby:
- Uterine diseases that do not allow a woman to bear a child.
- Complete absence of the uterus after removal.
- Familiar miscarriages that cannot be cured by any existing medical methods.
- Serious somatic diseases of the heart system, kidneys, liver, in the presence of which it is difficult not only to give birth, but even become pregnant.
Legal issues of surrogacy that violate the rights of biological parents
In Russia there are not only moral, moral and ethical, but also significant problems of legal regulation of surrogate motherhood. Such shortcomings make surrogate mothers vulnerable in some situations, while in others couples or individuals who hire a woman to bear and give birth to their child suffer. Among such legislative problems can be identified:
1) Illegal actions and extortion by a woman who bears and gives birth to a child. Indeed, based on legislative acts, biological parents can record themselves as legal and official parents only after the consent of the surrogate mother. Often there are cases when such parents, knowing loopholes in the law, begin to demand large amounts of remuneration than what was prescribed in the contract between the two parties, or real estate.
2) A 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 a child. After all, there are cases when surrogate mothers, who at the beginning of pregnancy were determined to honestly pass the baby on, sharply change their mind after childbirth (and this is quite understandable by natural instincts) and begin to look for ways to appropriate the baby. They can do this even after the child is officially registered, transferring the amount that is due to them under the contract or property from their legal parents. Moreover, even after all the conditions of the contract have been fulfilled, the woman who gave birth to the child can leave the baby, and the parents will be left without money and without a child.
Legal issues by a surrogate mother
Legal problems of surrogacy can also arise from a woman who gave birth to a child under certain conditions. For example, there are times when a baby is born with any deviation, pathology or disease and biological parents refuse to take the child and pay the money that the mother owes. In this case, a surrogate mother can remain not only without money, but also in her arms with a sick baby with genes alien to her.
So the problems of surrogate motherhood in Russia do occur, because the legislative framework in our country is far from perfect. These problematic aspects require a reasonable, balanced decision by specialists, and not a complete refusal to legalize this phenomenon, because there are a lot of cases of illegal motherhood in a surrogate way. And it’s good if people can, according to the agreement, solve all problems and disperse peacefully, without infringing on each other’s rights, but it often happens the other way around.
Accusing the surrogate mother of the diseases of the child born, you need to study the information about this well. Indeed, from a physiological point of view during pregnancy, diseases cannot 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. Only the state of the pregnant woman can affect the baby, her psychological and physical health, but, as a rule, all these factors are carefully checked before pregnancy.
Ethical Surrogacy Problems
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 surrogacy are far from any legal norms.
Among the ethical problems associated with the use of surrogacy, there are:
- mental and physical problems are possible for a surrogate mother and a child who is in the womb;
- violation of ideas about consanguinity and kinship;
- the necessary support for the mystery of the origin of the child;
- mental disorders in these potential parents;
- the commercial side of motherhood (use of the organ - the uterus - for benefits);
- purchase and sale of children.
Problems of a physical and mental nature for a surrogate mother and child
The bioethical problems of surrogate motherhood are versatile and affect the physical and mental health of the surrogate mother and the child himself. This is easily explained by the fact that, as a rule, these women suffer from early toxicosis much more often than those who bear their own fetus. After all, a woman pregnant with her child carries a baby, half of the genotype of which belongs to her. A surrogate mother carries a fetus that is foreign to her body, consisting of cells that belong to biological parents. The fetus in such cases can be rejected more often than usual, physical complications (weakness, loss of appetite or refusal to eat, vomiting) occur. Against their background, mental problems arise (suspiciousness, excessive anxiety, irritability).
Psychological trauma of a surrogate mother and child
The moral problems of surrogacy are also widespread. Despite the fact that advocates of reproductive methods only say that:
1) Women who have no chance to bear and give birth to their own child can only enjoy the happiness of motherhood thanks to the surrogate method.
2) The incomparable joy of the birth of a genetically own child.
As a rule, they are silent about the fact that there are enormous psychological problems, because the woman who bore and gave birth to a child is already experiencing postpartum depression due to a sharp change in hormones, and the surrogate mother must transfer the baby to the hands of the parent customers, which most often causes a huge trauma of a psychological nature. The child, when breaking with the woman who endured it, also suffers, because for 9 months they were connected.
Violation of concepts of kinship and kinship
There are examples when a grandmother carries and gives birth to a grandson or granddaughter, while acting as a surrogate mother. In such cases, the same woman acts as a mother and grandmother, which violates blood relations and the designation of generally accepted concepts. Ethical problems of surrogacy arise. Bioethics in such cases is violated, and children who cannot fully understand their origin and concepts of who is who in the family suffer. Often questions arise with the child, who is who: mom or grandmother. Although it may be better to keep the origin a secret, this is far from always so simple in real life.
Securing the mystery of the origin of the child
The ethical problems of surrogate motherhood also consist in maintaining secrecy about the way in which the child was born and born, about its origin. After all, those who concluded a surrogate motherhood agreement and survived the whole process as 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 even more aggravated due to the peculiarities of the mentality, because it is so hard for our people to remain silent and not spread gossip.
Mental disorders in biological parents
Surrogate motherhood negatively affects the psyche and genetic parents. The problems that arise in the process are psychological in nature and are that:
- a surrogate mother can refuse to provide services, taking the prepayment, and disappear from the country;
- fear of a genetic mother who cannot know about the conditions in which her baby is and whether there is a negative effect on the fetus. In any case, she does not have the ability to control a surrogate mother;
- after the birth of the baby, parents often begin to look for similarities with the woman who bore the child for them, and fear that she might convey something to him.