Surrogacy: reviews of surrogate mothers, legal framework

When the problem of infertility over time comes to the fore for a particular pair, each of them finds its own solution. Someone, having tried modern methods of treatment and not getting results, is humbled, someone takes a child from an orphanage, and someone goes all-in and uses the surrogate mother service, which is still not very popular in Russia, to bear an heir. Reviews of domestic experts in the field of gynecology and reproductive health about this method of appearance in the baby's family are only positive. We will find out how the fertilization procedure takes place and how the further monitoring of the woman who is carrying another's child is carried out. We will also give advice to those who are considering the option of participating in this kind of procedure. After all, the psychological factor for both biological parents and the opposite side is crucial.

About surrogacy

This method was first successfully tested by the Americans in 1980. Since then, a large number of babies born through the use of surrogate mothers have been born all over the world. Reviews of surrogacy can be read not only on the Web, but also in gratitude books of reproductive centers and clinics around the world. The method gives a chance to infertile couples to continue the family, feel themselves in the role of parents, safely extend the joint family life.

If you study the issue from the point of view of medical technology, then the procedure itself does not affect the health of newborns and receives good reviews. Children from surrogate mothers are no different from babies who were born and given birth by a genetic parent.

Three people participate in the process:

• sperm donor;
• mother from whom the egg is received;
• a surrogate mother who, with successful fertilization, bears a baby.

It also happens that a woman who gives her genetic material can simultaneously become a surrogate mother. Reviews about this type of service are mixed. If a family wants to have a baby, but a girl cannot be an egg donor, she will delegate this function to a surrogate mother. In this case, many fear that after birth they will not get a baby, since a surrogate mother, who is also a genetic mother, will not be able to part with her baby. Lawyers warn expectant mothers and remind them of the need to conclude an agreement, that is, to draw up all relations on paper so that, if necessary, it is possible to resolve the controversial situation in court and put everything in its place.

It should also be noted that this method of reproducing offspring is possible only in special state centers and private surrogate motherhood clinics. Other scenarios, for example, conception in a natural way, and after the transfer of a child to his genetic father and his wife for a fee is not surrogate motherhood and does not fall under the law in this area. A prerequisite is an IVF procedure, namely, in vitro fertilization of the egg and transfer of the resulting embryo for 3-5 days into the uterine cavity of the surrogate mother. Who used the services, the majority of reviews give positive. Negative moments arise among those potential parents who tried to circumvent the law or simply did not conclude at least a model contract.

Russian legislation

Surrogacy received legal grounds in our country in 2012. Up to this point, all actions in this area were illegal, although they were carried out and had a lot of positive feedback.

Currently, the procedure is regulated by the following parts of normative acts and documents:

1. Clause 4 of Article 51 of the Family Code of the Russian Federation “Recording of the child’s parents in the book of birth records” states that it is impossible for the parents of the child to record a married couple who provided their genetic material in the event that the surrogate mother did not give her written consent.
2. Article 52 of the Family Code indicates the following points that are taken into account when using the surrogate motherhood service. Firstly, challenging maternity or paternity is only possible in a judicial proceeding. Secondly, the recorded male parent does not have the right to refer to the IVF method or embryo implantation when contesting paternity, if he gave written consent to the procedure.
3. Federal Law "On the Basics of Protecting Citizens' Health" No. 323- dated 11/21/2011 denotes the requirements for a woman planning to have a child for a childless couple. The main parameters are: age from 20 to 35 years; passing a special medical examination with the conclusion of a surrogate motherhood clinic; the presence of at least one healthy child; mandatory presence on the hands of the written consent of the spouse, if any. It should be noted that in 2012, surrogacy was officially allowed in Russia. Reviews of surrogate mothers who earn on this process are difficult to find. However, women who have taken on such a function at the call of the heart, for example, for their close relatives, are happy to share the results. A feature of this type of motherhood in our country, in contrast to a number of foreign countries, is the impossibility of the simultaneous participation of a woman both as an egg donor and as a surrogate mother.
4. Article 16 of the Federal Law "On acts of civil status" No. 143- of 11/15/1997 duplicates the provisions of the family code, on the basis of which a document from a medical institution is required confirming the consent of a surrogate mother to the parents who provided genetic material and are biological parents baby.
5. Order dated 30.08.2012 No. 107n of the Ministry of Health of the Russian Federation “On the Procedure for Using Assisted Reproductive Technologies”.

Having a serious legislative base, Russians can’t simply use surrogate services at their own request. Participation in this program is possible only for medical reasons:

• Pathology of the endometrium, when implantation and subsequent bearing are at risk of disruption.
• The absence of the uterus or its serious deformation.
• At least three negative IVF results.
• More than two spontaneous abortions.
• Oncology.

There are also rules established at the legislative level and stages for preparing a woman who plans to have a child under the surrogate motherhood program. In the reviews of surrogate mothers, their positive attitude to the impossibility of replanting more than two embryos is noted, since not every woman is ready to wear triplets even for a lot of money.

Against the system

After approval of changes in the legislation of the Russian Federation regarding the use of surrogacy, children born in this way fall under the protection of the state. However, the biological parents of these babies can count on justice. So, in Russia there were several precedents that solved the problems of the participants in the process.

The case of Natalya Klimova, which was considered in St. Petersburg, ended in favor of the woman. Natalia became a surrogate mother and at the same time a child’s genetic grandmother, using the frozen donor material of her dead son. The woman was denied registration of the child and her registration as a mother. However, the court found a violation in this and ruled that the refusal of the registration authorities infringes on the rights of not only the grandmother, who claims to be on the certificate as a mother, but also a newborn. The motivation part contained the following conclusions: current legislation does not prohibit the registration of a child who was born as a result of implantation of an embryo, even if the mother is a single woman. The judicial authorities obliged the registrar to issue the birth certificate to the mother-grandmother-surrogate in one person, writing Natalia Klimova as a mother in it.

In 2010, by a judicial decision, state authorities were charged with the obligation to register a baby who was born according to the results of a surrogate motherhood program for a single man. This is the first child’s birth certificate issued in the Russian Federation, in which there is a dash in the column “mother”. The court substantiated its decision by the fact that in Russia there are no prohibitions on the sale of a single man as a father through the use of surrogate motherhood. The reviews of the parent, who, he believes, have reached a fair decision, report his victory and the opening of new opportunities for men who want to extend their family, but who have not found a soul mate or who lost it as a result of an accident.

How is the process going

Judging by the reviews of surrogate mothers, children whose conception did not occur in a completely standard way can cause certain feelings in women who carry them. That is why a potential surrogate should think about whether she is able to withstand such a test. In addition, the medical intervention itself requires both women to have a certain stamina and endurance in order to pass the test, including:

• alignment of surrogate and biological mother cycles;
• induction of ovulation of a woman who takes an egg;
• drug preparation of surrogate mother for embryo transfer;
• transvaginal puncture for taking cells;
• fertilization;
• embryo formation stage;
• the implementation of the procedure for the delivery of embryos into the uterine cavity;
• therapeutic support of a surrogate mother through the appointment of certain medications.

Cycle regulation

This procedure is performed in order to avoid cryopreservation of genetic material during surrogate motherhood. Surrogate mother reviews say that transferring embryos that have not been frozen in liquid nitrogen greatly increases the chance of becoming pregnant on the first try.

Ovulation stimulation

A woman takes medications that provoke the maturation of more eggs. At this stage, mandatory monitoring of the patient with ultrasound and the delivery of the necessary tests are necessary. Ultrasound allows you to measure the thickness of the endometrium and find out the number of follicles. The level of estradiol and progesterone in the blood is also controlled. Thus, the effectiveness of the chosen method of stimulation is determined and the moment is determined when it is necessary to introduce a drug that ensures the final maturation of the eggs. Then a drug is used that triggers ovulation.

In parallel with the stimulation of the biological mother, drug preparation of the surrogate mother is carried out. Responses to surrogate motherhood of women participating in the process, both on the one and on the other hand, indicate that patients feel normal during the procedures. Doctors also note the absence of complaints of health problems during this period.

Puncture

36 hours after the patient receives the drug necessary to complete the cell maturation process, follicles are collected and oocytes are aspirated. Under the supervision of an ultrasound transvaginally carry out a puncture. The manipulation takes about 20 minutes, after which the woman is left for several hours in a hospital.

On the same day, sperm is taken from a man. If there are no sperm, then a biopsy is performed. It should be noted that a man does not have to be in the clinic on the same day. He can pre-pass the material, which is subjected to cryopreservation.

Fertilization

Before the main stage, sperm are washed from seminal fluid and the best quality specimens are selected. Fertilization itself can occur in various ways:

1. IVF is used only with excellent sperm counts. They are mixed with eggs and left in an incubator under special conditions. Within a few days after fertilization, the resulting embryo is able to take root in the uterus of the surrogate mother.
2. ICSI is characterized in that the best sperm is inserted into the egg using a special needle. This method is used for male infertility, an undetectable violation of the egg cells, or for poor quality of material after mothballing.
3. IMSI is an advanced ICSI. In this method, sperm quality is monitored through specific tests. The selection of genetic material is carried out using a high magnification microscope, which allows the analysis of sperm using optical equipment.
4. PIXY also uses quality selected material. If the previous two methods only visually evaluate sperm, then in this case they are placed in a special bowl treated with hyaluronic acid. When interacting with a substance, the best samples are determined. The introduction of selected specimens also occurs using a microneedle. This method is considered the best because it reduces the risk of spontaneous miscarriage and fetal freezing.

After fertilization of the cell by any of the following methods, it is placed in an incubator. Since conditions are created there that repeat the natural environment as much as possible, the possibility of embryo death is minimal. According to doctors, all methods are quite effective and have proven themselves well. However, the choice of the method of obtaining the embryo is in the area of ​​responsibility of the doctor. The most careful selection of sperm using chemicals is carried out only in case of emergency and only for good reason.

Advice

In order to mentally prepare for such an event in your life, you need to know the opinions of specialists and those who used the services of a surrogate mother. Reviews posted on the web are different.

So, for example, tips for women carrying someone else’s baby are as follows:

1. You need to discuss the situation in your own family. Even despite the kindness and responsiveness of Russian women, most are forced to take such a step. The main reason nevertheless is the desire to improve the financial situation or housing conditions.
2. It should be understood whether you are psychologically prepared for the fact that the child will have to be given right after birth and you will never succeed in communicating with him. You may need to visit a specialist to understand yourself.
3. If there is a puzzle in your head, and you definitely understand that you will pass the test, then you can start looking for an agency or clinic that implements such procedures. In this case, special attention should be paid to the reviews. Those who used the services of a surrogate mother in 2018 and got what they want are happy to share their opinions on medical institutions and the proper behavior of the surrogate on social networks. Examine the responsibilities of the woman carrying the baby, and also determine whether you can cope with the conditions.
4. Try to find out in more detail what contraindications exist for embryo transplantation. If another pregnancy hurts your health, then give up this idea. You should not risk your life, because you probably have children who need a mom.
5. If nothing threatens you, you are healthy and ready to physically and mentally bear a child, contact your chosen medical center or a specialized agency. The feedback of the surrogate mothers who participated in the program is also of paramount importance.
   
   
   
   
   
   
6. All the time you are preparing for your mission, and also after potential parents have chosen you, tell yourself that the unborn child is not yours, he is a stranger, he already has parents, and you only provide services for your children. If you treat this kind of motherhood as a job that needs to be done qualitatively, then everyone will be satisfied. And most importantly, it will be easier for you to bear pregnancy.

The opinion of women

Feedback from surrogate mothers who participated in the program for bearing a child who does not have a genetic link with them suggests that it is easy if you set yourself up correctly. But at the same time, women warn that if there is even a drop of doubt, it is better not to get involved in this. It is also necessary to enlist the support of loved ones who, together with you, will wait for the end of your contract and support you in case of problems. After all, be that as it may, you have nine months of pregnancy, and during this period no one cancels hormonal disruptions, mood swings, toxicosis and other delights of expectation of the baby. You should also understand that you are simply obliged to comply with all the recommendations of doctors conducting pregnancy, and the terms of the contract concluded with potential parents. Violation of any clauses of the contract may lead to a decrease in the amount for which you originally agreed. In these nine months, only customers and doctors decide what you will eat, how many times you will visit the doctor, what tests and examinations you will undergo. You do not have the absolute right to vote, as is the case with the expectation of your child, but there are only obligations under the contract and the ultimate goal is to bring someone else's child, reproduce him into the world and receive a worthy reward for his work.