The child to order of
“-the offer arrived One night: to give birth to the child to a childless couple. For money. The paid holiday and week on thoughts were applied. I do not want to tell
about sincere torments, it was hard for me to make such decision. To anybody without having consulted, I agreed. In the presence of the lawyer the contract was concluded: to me pay medical care, contents during pregnancy, food, well and the fee in five thousand dollars for the rendered “service“. From me only the healthy lifestyle, well and, naturally, refusal of the child is required. I do not know
Ya how it is done in the West, difficult medical processes, analyses - nothing it was. We used the old, tested method. In a month I understood that I am pregnant...
Gave rise in time, I held the newborn daughter on hands only several minutes. It was enough to wake in me a maternal instinct and to understand that no money will replace the own child. I already needed nothing. I only wanted that returned me the daughter. I called, made appointment - everything ineffectually. The lawyer explained to me that the contract cannot be terminated. I so regret, I hate myself! To you not to understand it! I am even not bad mother! I just ANYBODY! - the voice of my interlocutor passed to shout, turned into sobbings...“
is a quote from release of “the Transcaspian project“ for 13. 10. 2000.
Surrogacy is rather new reproductive technology, similar to conception in a test tube. For many fruitless couples it becomes the only opportunity to have own children. The essence of a method is that there is a contractual agreement between the woman bearing a fruit and the “named“ parents according to which substitute mother bears pregnancy gives birth to the child, and then transfers the newborn to adoption to the “named“ parents.
Surrogacy can take various forms depending on couple infertility degree. It is possible to read about them on the website of the Moscow Center of Gender Researches.
““Traditional“ or “partial“ arrangements assume use of an ovum of substitute mother and a seed of the “named“ father. At “gestational“ or “full“ surrogacy there is no genetic relationship between substitute mother and the child. Enter a zygote (the impregnated ovum) which was impregnated in a test tube into a uterus of substitute mother and consists of gametes of the named parents (an ovum and a spermatozoon). Also cases when men`s homosexual vapors concluded the agreement with the woman that she gave birth them to the child are known“.
From the point of view of medicine, this method is already rather developed. Some concrete data and figures on the conducted researches can be read in the Reproduction Problems magazine 3/98. Based on the obtained data “the conclusion about the acceptability of the program of surrogacy, especially at young women is drawn“.What requirements physicians impose on
to substitute mothers? This question is raised in the article “The Girl, Give Birth to Us to the Child!“ on the website “Yabloko“.“ In - the first, it has to be the woman young, till 35 years, and, undoubtedly, healthy. But it is not all. Substitute mother by all means has to have a family: and husband, and not less than two children“. It is necessary in order that to the woman was on whom to transfer maternal feelings after parting with the newborn and by that a little to smooth sincere experiences.by
In the same article provide some statistical data. It appears, in the world about one and a half thousand such children, and in our country, according to physicians, their no more than ten were born already.“ The first child appeared in Kharkiv, there mother gave birth to the child to own daughter with congenital lack of a uterus. With the doctor which in it was directly involved we have close contacts therefore we it is always aware of affairs in this family. To the child there 6 years“.
However, being method of the help to childless couples from the point of view of medicine, surrogacy raises the mass of questions from legal and morally - ethical.the lawyer E. SHCHUCHKINA in article “Tells
About the main legal aspects of relationship between substitute mother and potential parents surrogacy: pros and cons“:“ When using a method of surrogacy between potential parents and the woman who agreed to take out and give birth to the child, as a rule, the written contract is signed. In this contract have to make a reservation:
- of the Compensation for expenses on medical care;
- Losses in earnings;
- The place of residence of substitute mother during pregnancy;
- Medical institution where there will be an artificial insemination;
- Consequences of the birth of the defective child;
- A duty of substitute mother to observe all doctor`s instructions directed to the birth of the healthy child, etc.“
Still legal aspects of this method of reproduction are not up to the end defined by laws of our country. According to the Family code of the Russian Federation “the persons who are married among themselves and gave the consent in writing to implantation of an embryo to other woman for its incubation can be written down by the child`s parents only with the consent of the woman who gave birth to the child (substitute mother)“. That is the state gives that that gave birth to the child, the right to decide its destiny.the Website of the Independent Charitable Center of the help endured sexual violence indicates
that neither in the Family code, nor in any other standard and legal acts there is even no mention of those rights and, the main thing, duties which arise at the husband of substitute mother if she is married.“ At registration of the contract in medical institution on performance of services in incubation of the child the woman wishing to act as substitute mother signs the relevant document in which she expresses the consent to application in relation to her the corresponding procedures. At the same time nobody, as a rule, asks a consent of her husband“. At the same time on the husband not only a certain moral loading during pregnancy of the wife, but also a liability for the newborn lays down in case the woman decides to use the legalized right to leave the child.
the Legal confusion arises not only in our country where the legislation is far from perfect, but also abroad.
“In due time all America with the most live interest watched the trial course Johnson against Kalvert which brought up the mass of the questions concerning surrogacy in general. The spouses Kalvert who do not have children because of removal of a uterus at Mrs. Kalvert concluded the agreement with the young unmarried nurse Anna Johnson on service of substitute mother. For $10 000 the last agreed to take out pregnancy by the fruit conceived at fertilization of an ovum of Mrs. Kalvert by a spermatozoon of her spouse. However, shortly before childbirth Mr. Kalvert unexpectedly changed the mind and... the claim of the State of California about Anna Johnson`s recognition by the real mother of the child filed a lawsuit. Finally the court did not satisfy this claim, having declared that genetically this child is a descendant of a couple Kalvert, and substitute mother, though took out it in the uterus within long 40 weeks, only played a role of “the nurse to whom parents for a while entrusted the child“. However, not everyone agreed with a judgment - millions of giving birth women familiar with feeling of the new small life which is in a uterus believe what pregnancy and childbirth, but not genetic material of gametes do the woman by mother.
Surrogacy - any inexhaustible source of funny things and harmless confusions in the status of relatives. For example, if the woman took out pregnancy by the fruit conceived from an ovum... own daughter impregnated by the son-in-law spermatozoon whom she is necessary the been born child - mother or the grandmother? Or mother and grandmother at the same time? Such cases history of a reproduktologiya knows much“. - Sergey Gonchar in article “People from test tubes writes: today and tomorrow“.However the arising problems and confusions by no means will be not always so harmless
“Opponents of surrogacy consider that it turns children into similarity of goods, creating a situation in which rich people will be able to employ women for incubation of the descendants; they claim also that the motherhood becomes at the same time contractual work therefore the aspiration to benefit can prevail over advantage reasons for contracting parties here.Supporters of use of substitute mothers, of course, watch
at this practice absolutely differently. They point that for a family, childless of - for inability of the wife to conceive or take out a fruit, it is the only way to receive the child who will be genetically ““ for the husband. They note also that the similar procedure allowing to bring the desired child into world as a matter of fact not so strongly differs from adoption“. - it is approved in the article “Religious and Ethical Aspects of Sex and Reproduction“ on the website MedPortal. ru.the Arising questions from the field of bioethics cannot leave to
indifferent spiritual leaders. The anniversary Hierarchal Cathedral passing in Moscow in August, 2000 unambiguously defines the relation of orthodox church to surrogacy: “The manipulations connected with donorship of gametes break integrity of the personality and exclusiveness of the marriage relations, allowing invasion into them of the third party. “Surrogacy“, that is incubation of the impregnated ovum by the woman which after the delivery returns the child to “customers“ unnaturally and morally inadmissibly even when it is carried out on a nonprofit basis. This technique assumes destruction of the deep emotional and spiritual proximity which is established between mother and the baby already during pregnancy.“ Surrogacy“ injures as the bearing woman whose maternal feelings are trampled, and the child who can experience crisis of consciousness subsequently“.to
A little differently a solution of the problem of surrogacy approaches Moslem doctrine. As in the countries practising Islam polygamy is resolved, other wife of the husband can be substitute mother.Due to numerous morally - ethical and religious aspects of the matter national legislations and policy of the majority of the countries limit to
surrogacy. In some states (France and Germany) it is forbidden completely. In other states only commercial agreements on surrogacy are forbidden and consideration of legal claims under such agreements is not allowed. Such states treat: Canada, Israel, Great Britain, the State of Victoria (Australia), states of New - Hampshire and Virginia (USA). At last, the third states limit use of reproductive technologies in connection with surrogacy (Denmark, Norway, Sweden). In more detail about national legislations concerning surrogacy it is possible to read on the website of the Moscow Center of Gender Researches.
according to the website Morning. ru (the article “Substitute Children“, March, 2000), surrogacy at us in the country costs very much and very much. “For example, in St. Petersburg it costs from 25 to 35 thousand dollars. It - apart from expenses on operation on an ovum harvesting at the genetic mother, on her fertilization in a test tube, and then transfer of the received embryos of substitute mother. Here it is necessary to add the health insurance, payment of accounts for treatment, preparations etc.“
according to physicians, in Russia no bank of substitute mothers exists. If spouses want to have the child and are ready to pass through surrogacy, then they are forced to look for the woman ready to help them.to
Differently delivered matter in the USA. Website eggbank. com / is the huge database offering data on 300 donors of ova. The base allows to choose the donor, being guided by specific criteria, such as an ethnic origin, religion, color of eyes and hair, growth, weight, the residence, etc. It is also possible to learn about requirements imposed to substitute mothers.“ Here 12 questions which will help you to choose clinic or the program are given. For example, time of existence of clinic, the number of the reached pregnancies, number of doctors in staff, the programs offered by clinic, psychological and medical testing of substitute mothers, existence of the trust account. Here too it is possible to learn what to do if substitute mother demands additional financing what test is passed by substitute mother, emotional support of the donor and the recipient, the cost of services.“
However and in our country surrogacy continues to develop actively. In the Ogonek magazine, No. 13, 30 of March, 1998, is reported that “in St. Petersburg, in the EKO center (extracorporal fertilization) at Institute of obstetrics and gynecology of D. Ott already three years as entered surrogacy into practice. And recently risked to advertize in the city newspaper - invited the women wishing to take out foreign child“.
It is probable, without watching existence of inconsistent opinions on surrogacy, the method actively will develop further. The fact that, despite high cost and difficulties with morally - ethical and legal side, it remains demanded is the main reason of it. For many childless couples the birth genetically of the child, let and mature other woman, is more desired, than adoption of absolutely foreign kid. And though the last way of planning of a family is more humane and only accepted from the point of view of church, it is hardly possible to condemn unambiguously the spouses who decided to resort to services of substitute mother. As for substitute mothers, the reasons pushing them to such decision can be much. But the greatest psychological loading is born at the same time by them, and receive considerable money not only for forces spent for foreign child and health, but also for the got moral trauma which will remain with them for the rest of life.