Surrogacy

A little bit known about the surrogate maternity, which reduces the chances for couples dreaming of a child. Here we collected basic information on this topic.

Most of the information about surrogate motherhood is superficial. And this means that the dream of many childless couples about her baby will remain a dream … The first thing that concerns future parents is – the risk of a surrogate mother’s refusal to sign documents to record genetic parents in the birth certificate as a father and mother born by the child’s surrogate mother. On the other hand, 30 out of 50 surrogate mothers surrounded failure of genetic parents to take care of parental responsibilities in relation to the future child. This topic has repeatedly been discussed, but so far any legitimate legal mechanisms that allow you to completely eliminate this risk for both parties.

Stories from life

Currently, current legislation does not contain a clear list of documents required for the provision of regulations. This circumstance causes difficult situations. As a result, genetic parents, a surrogate mother and even newborn find themselves in a difficult position. An example of this is the history of a couple who has undergoing treatment for infertility under the program "Surrogate motherhood" in one of the clinics of St. Petersburg. Birth about surrogate maternity we know a little. Let’s ask the specialist in Moscow. Surrogate mother was preparing for discharge, and genetic parents went to the registry office. However, they reported on the need to provide a copy of the license of the St. Petersburg clinic, as well as special references. The situation was complicated by the fact that the surrogate mom was already going to write out from the hospital and in the case of not providing this time for the birth certificate of medical personnel, prevained, would be forced to write a traffic card on her name. This, naturally, did not suit the parents, because the card is kept in the medical record of the child under 18, and, secondly, medical staff would not have legal grounds to allow genetic parents to leave the hospital with a child in their hands, t. E. The baby would be "given" a surrogate mother. In this case, as in most other similar situations, the position of the registry officers and the hospital is associated with reasonable concerns involving into a criminal combination of children or engaging in possible judicial litigation due to the conflict of the interests of genetic parents and surrogate mothers.
How to solve this problem? You must first agree with a specific district registry office and maternity hospital and the form of documents. Do not be satisfied to consult with an experienced lawyer.
Another married couple collided with a more complex problem. After repeated unsuccessful attempts to treat infertility, it was decided to increase the likelihood of pregnancy by transferring (implantation) of embryos with two surrogate mothers. As a result, both women had a pregnancy, and one of them had a multiple pregnancy, which was the cause of premature birth. Stimulate premature birth or make a cesarean second surrogate mother to synchronize the date of birth of children doctors refused, because for this there was no medical testimony.
As a result, the difference in the date of birth between the two native brothers and sister was 24 days. The registry office would be happy to help, but the Family Code of the Russian Federation does not provide for the possibility of changing the date of birth in order to preserve the family and medical mystery for kids born by a surrogate mother (unlike similar cases in the adoption of the children from the orphanage). Understanding that every time, presenting evidence of the birth of children at work, in kindergarten, school or when leaving abroad, parents will be forced to respond to unpleasant questions, as well as fearing for possible psychological injuries of children, parents appealed to the court. And despite the fact that no regulatory act does not contain direct regulation of such situations, the court ordered the registry office to make changes to the Act and the Certificate of Birth. The registry office obeyed the court decision and issued a new birth certificate.
Now any married couple who wants to increase the likelihood of pregnancy by transferring embryos to two surrogate mothers can count on a positive resolution of such a situation, but, unfortunately, only subject to the court. With the right approach, the whole process lasts no more than 3 months.

Important nuances of surrogate motherhood

Conducting a preliminary conversation with genetic parents, I primarily interested their marital status, t. E. whether they are married. The fact is that. 4 Article. 51 of the Family Code of the Russian Federation provides the opportunity to be recorded parents of a child born by a surrogate mother, only for persons who have gone and giving their consent to the transfer (implantation) of the embryo.

The registry offices are interpreted by this article like this: a man and woman should be married until the migration of the surrogate mother embryo. Not all medical institutions inform patients about it.

If the certificate of marriage was issued after the transfer of the embryo or not at all, the registry office will refuse registration. This circumstance is detected by the registry office by comparing the date of registration of marriage with the date specified in the certificate. Any attempts to falsify and feed documents are detected elementary. One of the frequent causes of disputes and conflicts between genetic parents and a surrogate mother – an incorrectly compiled treaty.

On the one hand, this is, in fact, the contract for the provision of services. At the same time, the document should not violate the rights and freedoms of a citizen.

Once I got into my hands, which contained a number of tough restrictions on the behavior of a surrogate mother during pregnancy, and also included her consent to Cesarean section at the request of genetic parents. All this could be considered as a violation of civil rights and freedoms protected by the Constitution of the Russian Federation.

Surrogacy

The presentation of such a contract in the registry office or court can serve as a better basis for recognizing the document not valid (fully or partially), and in the worst case – the basis for the direction of materials to the prosecutor’s office in order to solve the issue of initiating a criminal case.

Most of the contracts drawn up by lawyers who do not specialize in such matters, as well as contracts posted on the Internet, do not contain a number of essential conditions, such as the actions of the parties in the event of abortion of pregnancy or unsuccessful attempt to Eco, the living conditions of the surrogate mother, the responsibility of the parties and T. D.

The only right solution to this problem will be an appeal to a lawyer having not only the experience of making such contracts, but also an idea of ​​the mechanism of implementation in the practice of the conditions established by the Compiled by the Treaty.

In any case, the legal service of the lawyer will cost cheaper the costs of problems that may arise with the option of dismissive attitude to the content of the contract.

In conclusion, I would like to say that any complex problem is much easier to preliminary preparation for its possible occurrence.

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