The goal, which at all times almost all couples seek is the birth and upbringing of children. For many, this goal is the most important in life, for the sake of which people are committed to the most unpredictable acts, which can be contrary to all moral, ethical and legal norms, because, according to statistics, about 20% of couples do not have the opportunity to have their own children. In extreme cases, couples resort to the services of surrogate mothers, as a result of which all sorts of problems arise in surrogate motherhood.
This problem, both in the world and in Russia, is only gaining momentum every year. It is becoming more relevant from a medical, ethical, legal, moral point of view. This is a surrogate motherhood. The problems that arise in the course of its implementation and after, 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
Surrogate motherhood is the fertilization, bearing and birth of a child, which occurs according to a contract concluded between potential future parents and a surrogate mother. At the same time, the sex cells of future parents are taken for the fertilization of the woman, for whom it is impossible to have a child for medical reasons.
Surrogate mother in fact - this is the 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 to the hands of legal parents.
The extreme measure that couples resort to is the surrogate motherhood service.
The multidimensionality of the surrogate motherhood problem
Both surrogate motherhood and other types of reproductive technologies, which in modern times help many couples to enjoy the joy of paternity and motherhood, have both significant drawbacks and significant advantages.
Of course, infertile couples use all methods of reproduction for the sake of happiness, which brings children's laughter into the house, including as an extreme measure of surrogate motherhood.
The problems that arise from the spread and introduction of modern methods of conception and the birth of children also have a significant impact on the moral, ethical and social well-being of society. Modern couples are not fully aware of all the problematic aspects that arise later on, and, of course, they can not and do not even want to evaluate all that the use of such methods leads to.
Legal regulation of surrogate motherhood in Russia
Legal regulation in Russia has a significant role, because it is regulated not by one legislative act and document. These are articles in the Family Code of the Russian Federation, the federal law "On the fundamentals of protecting the health of citizens in the Russian Federation", the law "On Civil Status Acts", the order of the Ministry of Health of the Russian Federation "On the use of assisted reproductive technologies (ART) in the therapy of female and male infertility."
To register a child who was born by surrogate motherhood, the following documents are needed:
- Birth certificate from a medical institution;
- consent of the surrogate mother;
- certificate from the clinic about IVF.
The problematic aspects of surrogate motherhood
There are opponents of methods of reproduction, which in particular distinguish and surrogate motherhood. The problems that arise in this case are of a varied nature:
- children turn into something similar to what you can sell and buy;
- there are situations in which wealthy couples or individual men, women can take in the service of not very well-off women who are ready for the sake of money for everything, even bearing and the birth of children, which is completely contrary to the natural instincts of man;
- Surrogate motherhood becomes a so-called work contract, so a woman's thoughts about earnings will be initial, and considerations of the benefits for themselves, the baby and others become secondary and seem to go into the background;
- Supporters of the feminist movement note that surrogate practices will trigger the exploitation of the female half of the population;
- Church employees note that surrogate motherhood serves as one of the impulses for departing from the humanistic principle of man and from traditional culture, the spiritual and moral side of man;
Even if at the beginning of pregnancy the woman felt that she could give up the child born and born with no problems and special labor, within 9 months a very close and mysterious connection was established between the baby and the woman who carried it. For the birth of a child becomes a real psychological trauma, the transfer of the child to the hands of customers. This is the real open ethical problem of surrogate motherhood.
State programs in solving problems of surrogate motherhood
Legislation and all state programs are aimed at reducing the number of surrogate motherhood cases, especially when the woman herself can bear and give birth to her own baby:
- Diseases of the uterus that do not allow a woman to bear the child.
- Complete absence of uterus after removal.
- The usual miscarriages that can not be cured by any existing medical methods.
- Serious somatic diseases of the heart system, kidneys, liver, in the presence of which not only to give birth, but even to become pregnant is difficult.
Problems of the legal nature of surrogate motherhood, which violate the rights of biological parents
There are in Russia not only moral, moral and ethical, but also significant problems of legal regulation of surrogate motherhood. Such shortcomings make vulnerable in some situations surrogate mothers, in others - suffer couples or individuals who hire a woman for the bearing and birth of their child. Among such legislative problems, one can distinguish:
1) Illegal actions and extortion by a woman who carries and gives birth to a child. After all, proceeding from legislative acts, biological parents can write themselves as legal and official parents only after giving consent from the surrogate mother. Often there are cases when such parents, knowing loopholes in the law, begin to demand large amounts of rewards than it was stipulated in the contract between the two parties, or real estate.
2) The 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 the child. After all, there are cases when surrogate mothers, who at the beginning of pregnancy were determined to pass the child honestly, after birth change their mind sharply (and this is quite understandable by natural instincts) and begin to look for ways of appropriating the baby. They can do this even after the official registration of the child, the transfer of the amount that they are entitled to under the contract or property from legal parents. Moreover, even after fulfilling all the conditions of the contract, the woman who gave birth to the child may leave the child, and the parents will remain without money, and without the child.
Legal problems of the surrogate mother
The legal problems of surrogate motherhood can arise from a woman who gave birth to a child under certain conditions. For example, there are cases when a baby is born with any deviation, pathology or disease and biological parents refuse to take the child and pay the relying mothers money. In this case, a surrogate mother can stay not only without money, but also on her hands with a sick kid with genes that are alien to her.
So the problems of surrogate motherhood in Russia take place, because the legislative base in our country is far from perfect. These problematic aspects require a reasonable, balanced decision by specialists, and not a complete refusal to legitimize this phenomenon, because there are many cases of illegal motherhood in surrogate way. And it's good if people can, according to the agreement, solve all the problems and disperse peacefully without infringing on each other's rights, but often the other way around.
Accusing also the surrogate mother in the diseases of the child, it is necessary to study the information on this matter well. After all, from a physiological point of view, during pregnancy, diseases can not 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. Negative can only affect the condition of the pregnant woman on the baby, her psychological and physical health, but, as a rule, all these factors are carefully checked before the onset of pregnancy.
Problems of surrogate motherhood of an ethical nature
In the legislation of the Russian Federation there are a number of laws that regulate relations in the area under consideration. Although the moral and ethical problems of surrogate motherhood are far from any legal norms.
Among the ethical problems associated with the use of surrogate motherhood, there are:
- mental and physical problems are possible for a surrogate mother and a child who is in the womb;
- violation of the notions of blood relationship and kinship;
- necessary securing the mystery of the origin of the child;
- mental disorders in these potential parents;
- the commercial side of maternity (use of the organ - the uterus - to obtain benefits);
- purchase and sale of children.
Physical and mental problems for the surrogate mother and child
The bioethical problems of surrogate motherhood are of a diverse nature and are reflected in the physical and mental health of the surrogate mother and in the child itself. This is easily explained by the fact that early toxicosis, as a rule, these women suffer much more often than those that bear the native fetus. After all, a woman who is pregnant with her child wears a baby whose half of the genotype belongs to her. A surrogate mother bore a fruit, alien to her body, made up of cells that belong to biological parents. Fetus in such cases more often than usual can be rejected, there are physical complications (weakness, loss of appetite or refusal to eat, vomiting). Against their background, there are also psychological problems (suspiciousness, excessive anxiety, irritability).
Psychological trauma of a surrogate mother and child
The moral problems of surrogate motherhood are also widespread. Despite the fact that advocates of reproductive methods say only that:
1) Women who do not have the chance to endure and give birth to their own child, only thanks to the surrogate method can enjoy the happiness of motherhood.
2) The incomparable joy of the birth of a genetically own child is incomparable.
They keep silent, as a rule, that there are colossal psychological problems, because a woman who bore and gave birth to a child is already experiencing postpartum depression because of a sharp change in hormones, and a surrogate mother must transfer the baby to the parents of customers that most often causes a huge psychological trauma. The child at the break with the woman who carried it, also suffers, because for 9 months they were connected.
Violation of ideas about blood relationship and kinship
There are examples when the grandmother carries and gives birth to her grandson or granddaughter, acting at the same time as a surrogate mother. In such cases, the same woman acts as mother and grandmother, which violates blood ties and the designation of generally accepted concepts. There are ethical problems of surrogate motherhood. Bioethics in such cases is violated, and children suffer, who until the end can not understand their origin and the notion of who is who in the family. Often there are questions in the child, who is who: mother or grandmother. Although it is possible, it is better to keep the origin in secret, but this in real life is far from always so simple.
Ensuring the mystery of the child's origin
Ethical problems of surrogate motherhood also consist in preserving the secrets about how the child was born and born, about its origin. After all, those who contracted a surrogate motherhood and survived the whole process in the role of 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 further exacerbated by the peculiarities of mentality, because it is so hard for our people to remain silent and not spread gossip.
Psychiatric disorders in biological parents
Surrogate motherhood has a negative effect on the psyche and genetic parents. The problems that arise in the process are psychological in nature and consist in the fact that:
- a surrogate mother can refuse to provide services, taking a prepayment, and disappear from the country;
- the fear of a genetic mother who can not know about the conditions under which her baby resides and whether there is a negative effect on the fetus. In any case, she has no control over the surrogate mother;
- after the birth of the baby, parents often begin to look for similarities with the woman who endured the child for them, and fear that she could give him something.