Surrogate pregnancy. Surrogate pregnancy: mother's thoughts

Infertility. This devastating diagnosis for a woman makes some people find it difficult to calm down, while others think about adopting a child from orphanage, and pushes others to decide on the services of a surrogate mother. So, let's find out some aspects of this type of motherhood, its disadvantages and advantages.

Briefly about aspects of surrogacy

For women who have unsuccessfully knocked on the thresholds of clinics and centers in the hope of getting pregnant, this form of motherhood is the only and last chance to have a child, and in a fairly reliable way. An embryo obtained by fertilization with the sperm of the genetic father of the egg of the genetic mother is transferred into the body of a healthy woman, who is called a surrogate mother.

For nine months, a strange woman carries a child, essentially being an incubator for him and having no relationship with the genetic parents. Then, after birth, the baby is considered the child of the couple whose embryo was carried by the surrogate mother. Such a mother can only become a woman, healthy in all respects, from 18 to 35 years old, who has her own child (possibly more than one), born naturally. To provide such a service, married surrogate mothers must have their husband’s permission, which must be in writing and certified by a notary.

Surrogacy: pros and cons

The word “surrogate” means an inferior replacement for something. Inferiority is a statement of a non-natural method of human birth, which has a number of dual moral aspects. However, should this be condemned?

European society has a positive attitude towards this form of childbirth. Whether to resort to the services of a surrogate mother is up to you to decide.

To make such a decision objectively, you need to weigh the pros and cons. Let's start with the last one:

1. This form of birthing a baby is unnatural. But in our time there are many things that are not natural that overcome diseases and give people a chance to survive. For example, an artificial heart. It is not a person’s fault that he cannot have children in a natural way, so why not try another?
2. Surrogacy (SM) is contrary to divine design. The point is that Christianity and Islam prohibit resorting to this form of having children, because the sacrament of conception is violated. It should only happen in marriage and the wife must bear the child and give birth to it.
3. Trauma to the psyche of the surrogate mother, who needs to give the child from her womb. But by and large, she does this voluntarily, earning money, and for her this is, in fact, work using her reproductive system. And mental trauma needs to be prevented at the very beginning and properly tuned in to the final result of pregnancy, its outcome.
4. This kind of motherhood is child trafficking. Yes, surrogacy is essentially a barter, but the motivation for this transaction softens the moral aspect.
5. SM, by and large, makes a woman an incubator. However, she becomes such an incubator voluntarily, while receiving such care and care that she might not be able to afford while carrying her own child.
6. It is possible that the mother’s maternal instinct does not awaken; she simply may not accept the child. Yes, no one can be immune from this. But the woman and the surrogate mother need to initially prepare themselves for what will happen, prepare themselves for the need to raise a baby who is absolutely not to blame for being born this way.
7. Perhaps the child will eventually learn that his stepmother carried him. What might his reaction be? Of course, it's ambiguous. In this case, you need to either do everything to ensure that your son or daughter never finds out about the method of his birth, or find the right time and correctly tell the child about it.

Now let’s look at the arguments for SM:

1. Today, this form of childbirth is practically the last saving straw for childless couples. After all, a family without children is considered incomplete.
2. Women provide childbearing services only voluntarily. For them, this is a chance to simultaneously improve their financial situation and make a childless couple happy.
3. Not very wealthy parents can afford to give birth to a baby in this way, resorting to the help of relatives. In this case, the financial side of the issue will be significantly easier.
4. Many surrogate mothers, having several children of their own, help another couple find them, without being guided by money. They are more likely to sympathize and want to help childless spouses become happy parents. Of course, you rarely see such altruism, but it is commendable and noble.
5. This is an opportunity to have healthy child. Agree that most of us are not preparing to become mothers and rarely plan a pregnancy. Conceptions occur unplanned when a woman has illnesses (chronic kidney disease, genital tract infections). When deciding to keep the baby, a woman begins to take measures to protect him from her illnesses, that is, she takes risks. In the case of surrogacy, the woman undergoes a thorough medical examination before the embryo is implanted into her. In addition, medical monitoring of such a mother during the process of bearing a child is much more serious and thorough, which means that the chances of having an absolutely healthy baby are greater.

World experience in surrogacy

Nowadays, surrogacy is a controversial topic that is not fully regulated in the legal field. This method of giving birth to children has been criticized for being commercialized. In 1996, the Council of Europe adopted the Convention on Human Rights in Biological Medicine. This document actually became the first legal standard in healthcare that is aimed at protecting against possible abuses in the use of biological methods and procedures.

Surrogacy is allowed in most states of the USA, South Africa, Russia, Ukraine, Australia, Great Britain, Denmark, Israel, Spain, Canada, and the Netherlands. These countries have their own legal features of this form of birth of children. And these features imply the aspect of commercial and non-commercial SM.

Surrogacy is prohibited by law in Austria, Italy, Norway, Germany, Sweden, and some US states.

In a number of countries, laws do not prohibit SM and do not regulate it legislatively. These are Belgium, Ireland, Greece.

The most common practice is surrogacy in the United States. In some states of America, surrogate agencies have been opened, there is a large database of reproductive material, and married couples have the opportunity to choose a donor, that is, a surrogate mother, based on appearance, religion and even ethnic origin.

The legislation of some countries imposes prohibitions that relate to surrogacy. So, for example, in the Netherlands advertising of SM is prohibited, in the UK you can only pay for the costs of medical care in the case of surrogacy, and in Denmark and Hungary only a relative of a married couple who has decided to do so has the right to be a surrogate mother.

In Israel it's the other way around. A legislative feature of SM is the prohibition of a related relationship between the surrogate mother and the genetic parents. In addition, in this country such a mother must profess the same religion as the potential parents.

In Germany, SM, which involves egg donation, is prohibited. The argument in favor of this is the inadmissibility of the division of social and biological motherhood.

Italian legislation provides for imprisonment and a fine of up to one million euros for individuals involved in organizing and advertising donation and surrogacy in the country. However, Italian citizens can use the services of surrogate mothers outside the country.

So, whether to resort to the services of surrogate mothers or not is a personal and responsible choice for each couple. When weighing all the advantages and disadvantages of this method of giving birth to a baby, you need to listen to your heart. Sometimes it is precisely this that creates a barrier and the unacceptability of this method of becoming parents. This is more typical for women. Doubts and uncertainty can be dispelled by the experience of others and the beliefs of doctors and relatives. In any case, you can’t rush to make such a decision, even if you are approaching your age.

Especially for Elena TOLOCHIK

Such a problem as infertility in Russia is becoming more and more pressing. According to statistics, almost 20% of married couples do not have the opportunity to have a child. Closing our eyes to the ethical aspects of this problem, we can say that surrogacy is the simplest and effective way solving a problem that allows a married couple to raise a healthy child.

A surrogate pregnancy is a pregnancy in which a woman carries a fetus that is genetically foreign to her. There is a known case when a mother agreed to a surrogate pregnancy for her daughter, giving birth to her own grandson. Another example happened not long ago when a woman carried a fetus using the sperm of her own son. Tragically deceased.

The idea of ​​surrogacy can be found in ancient times, when barren empresses, wanting to continue their family line, agreed to give birth to an heir from a slave, raising the born child as their own. Similar cases are described in the Old Testament. In Rome, Ancient Greece, China also widely used what we now call surrogacy.

If this is so, why is there such intense debate in the press, government, and church around the issue of surrogacy? It's simple, with the advent of such an opportunity as in vitro fertilization, children can appear in families of homosexuals.

So how much does a surrogate mother cost nowadays? In Russia the figures are approximately: from 12 to 30 thousand dollars. And this does not include compensation for the surrogate mother.

In many states, surrogacy is prohibited, but in Russia the legal regulation of this issue is quite loyal. But in our country, surrogate pregnancy is prohibited if the couple is able to conceive, carry and give birth to a child on their own.

There are certain requirements for a woman who wants to become a surrogate mother:

• woman's age 20 - 35 years;
• have your own child;
• absence of diseases, including mental ones.

Indications, so to speak, for surrogacy for married couple is:

• absence of a uterus in a woman;
• malignant tumor of the uterus;
• recurrent miscarriage;
• the presence of absolute contraindications to pregnancy.

Surrogacy plays a big social role. Ultimately, a child is born, whom the parents love and are waiting for, and the basis for a strong, healthy family and a normal, happy growing up of a new person appears.

In this article we will look at pregnancy and childbirth from the point of view of law and social guarantees. Many parents are concerned about what holidays and social benefits stipulate what package of documents is necessary to obtain them, in particular in case of surrogacy.

Surrogacy programs are implemented on average within 15 months. The most part, with a favorable outcome of IVF, of such a program is the period of pregnancy of the surrogate mother. Often, genetic parents and surrogate mothers do not fully understand what benefits and, most importantly, who is entitled to them. And this is not surprising, because the legislation of the Russian Federation does not clearly say how they will be distributed between the surrogate and biological mothers; it is necessary to apply the method of analogy of law.

Surrogate mother can count on a number of benefits and allowances:

1. Maternity benefits and leave.
2. Additional benefits for early pregnancy registration.

In turn biological mother can count on:

1. Leave for the entire duration of the IVF procedure (from the start of stimulation to embryo transfer).
2. Leave and child care benefits up to 1.5 years (3 years).
3. One-time benefit for the birth of a child (children).
4. Maternity capital.

To receive one or another benefit or allowance, it is necessary to take into account a number of features associated with their provision. Let's look at the whole process step by step, from the beginning of pregnancy to the birth of the desired child.

SURROGATE MOTHER.

1. Registration in a medical institution for pregnancy.

The first priority for a pregnant woman is to register for pregnancy with an obstetrician-gynecologist and, better yet, early stages pregnancy 8-12 weeks to take care of the health of the unborn child - diagnosis and monitoring of the fetus during this period are among the most important.

You can register for pregnancy monitoring at the following institutions:

1. Women's consultation
2. Private clinic
3. Medical Center at the Maternity Hospital

IN Women's consultation center (LC) Registration is free, and registration/registration does not matter - under the compulsory medical insurance policy you will be accepted in any convenient residential complex. You need to have with you:

1. Passport
2. Compulsory Medical Insurance Policy (CHI)
3. Insurance Number of Individual Personal Account (SNILS)

In addition, when registering in the early stages of pregnancy in the LCD, you are entitled One-time benefit in size 581.73 rubles(since February 1, 2016). The benefit is paid together with maternity benefits.

IN Private clinic, Medical center at the Maternity hospital Pregnancy care will cost you money: big or small, depending on the class of the medical institution and the range of services. Be sure to check whether the institution you choose issues sick leave and an exchange card.

2. Receiving an exchange card.

The job is done - you are registered for pregnancy monitoring. You see your doctor regularly and follow his recommendations. Feel free to praise yourself, you deserve it! At 22-23 weeks of pregnancy, the antenatal clinic will give you Exchange card- an important document for a pregnant woman, without which they will not be allowed into the Maternity Hospital. Well, okay, they will let you in, but you will end up in the observation department, where unexamined women lie, incl. with various infectious diseases. In paid medical In institutions, you can also receive an exchange card if you suddenly decide to give birth in a place other than where you were observed.

3. Leave and maternity benefits.

If you have been properly observed at the Women's Consultation, you will receive Birth certificate. This certificate gives the right to free childbirth in a state maternity hospital. You have the right to receive a Birth Certificate even if you were observed in paid medical institutions. To obtain a certificate, you will need the same documents as for registration (passport, SNILS, compulsory medical insurance). All citizens of the Russian Federation (regardless of registration and employment), as well as citizens of other countries with a properly issued residence permit/permit, have the right to receive a Birth Certificate.

During the same period, usually at 28-30 weeks, you need to receive a certificate of incapacity for work (also known as sick leave). Based on the issued sick leave, you have the full right to receive leave pregnancy and childbirth, as well as a manual of the same name. It is important to understand that this type Only women have vacations and benefits, unlike maternity leave.

For how long is it possible to go on vacation?

The duration of maternity leave is:

• 70 calendar days before the day of birth, 70 - after birth (if the birth was normal, singleton pregnancy);
• 70 calendar days before the day of birth, 86 - after childbirth (complicated childbirth);
• 84 calendar days before the day of birth, 110 - after birth (in case of multiple pregnancy).

How to receive benefits and maternity leave?

The following documents must be provided at the place of work:

• Application in free form for the accrual of benefits
• Sick leave
• Certificate of earnings for the last 2 years (if you previously worked elsewhere)
• Application for leave

The benefit is credited within 10 days. Unemployed women and full-time students are also entitled to this benefit, but in the minimum established amount. We recommend that you read the explanations of the FSS on the official website of the Service: http://fss.ru/ru/consultation/10616/index.shtml

What are the maternity benefits?

The maximum amount of such benefit depends on the number of days of vacation (on sick leave) and is established by law:

• RUR 248,164.38 (70 + 70 days);
• RUB 276,526.03 (70 + 86 days);
• RUR 343,884.93 (84 + 110 days).

The minimum benefit amount is determined based on the minimum wage:

• RUB 28,555.40 (70 + 70 days);
• RUB 31,818.87 (70 + 86 days);
• RUB 39,569.62 (84 + 110 days).

For unemployed women allowance is established in RUB 543.67 per month, for students full-time education- in the amount of the scholarship.

4. Childbirth.

38-42 weeks, it’s time to give birth. According to statistics, 95% of pregnant women give birth at exactly this time. The choice of place for the birth has already been made: either it is a paid birth, or according to the Birth Certificate in a state Maternity Hospital. After giving birth, the surrogate mother writes written consent for the spouses to be recorded as the child’s parents on the Birth Certificate. A surrogate mother can no longer apply for a lump sum benefit at the birth of a child (children).

BIOLOGICAL MOTHER.

Parental rights of biological parents/parents begin from the moment of obtaining the consent of the surrogate mother and the child’s birth certificate from the civil registry office.

Biological mother in in this case has the right to receiving benefits and parental leave for up to 1.5 years(from January 1, 2016 called “child benefit”). To do this, at the place of work, the biological mother must present:

• Application for the specified leave and benefits.
• Child's birth certificate (original and copy).
• Passport.
• A certificate from the spouse’s place of work stating that he is on this leave.

The amount of this benefit is calculated as 40% of the average monthly earnings for 2 years, while maximum size limited by the legally established “insurance base” and equal to RUB 21,554.85/month. From January 1, 2016, the benefit is not monthly; the frequency of payments is set by the employer, but cannot be less than once a quarter. In the event of the birth of twins (or if this is the second child), the amount of payments for each child is summed up, but cannot amount to more than 100% of the average earnings for the last two years. This benefit and leave can also be received by the spouse, relatives, and guardians.

The biological mother, as stated earlier, is also entitled to receive lump sum benefit at the birth of a child (children). The amount of such benefit from February 1, 2016 is RUB 15,512.65 Regardless of the status (working/not working), the biological mother (father) receives benefits, the only difference is in the place of receipt of documents: non-working - organs social protection population, workers - employer. Documents you will need to receive benefits:

• Application in free form;
• Certificate of birth of the child from the registry office F24 (at the time of receipt of the birth certificate);
• Passports of both parents, as well as copies of documents;
• Child's birth certificate and its copy;
• A certificate from the spouse’s work stating that he was not accrued benefits.

Another important view benefits related to the birth of a baby - maternity capital. Feature - paid when a second child appears in the family upon submission of documents to the department Pension Fund at your place of actual residence:

• Application for receiving maternity capital;
• Passports of both parents;
• Birth certificates of children.

The amount of maternity capital in 2016 is 475,000 rub.

In addition, the biological mother, entering the surrogacy program, has the right to receive leave for the period of IVF (stimulation of superovulation - embryo transfer). The employer will be able to provide you with such leave if you have the appropriate sick leave from the IVF clinic. If the clinic does not have a license to issue sick leave, ask for an extract from the outpatient card certified by the chief physician of the clinic (stamp is required). Based on such an extract, you will be able to obtain a sick leave certificate in a regular clinic.

We would like to note that when contacting a professional Surrogacy Center, you do not need to think about the intricacies of obtaining certain benefits and allowances, as well as monitoring compliance with the surrogate mother’s observation regime - specialists will give comprehensive advice and provide patronage to the surrogate mother.