If you talk in the usual categories for sane people, then it is no secret to anyone that surrogacy is used to overcome infertility in married couples in which a woman is not able to endure a child for medical reasons. This technology is used exclusively by artificial insemination in medical clinics of the relevant profile. In Russia, the technology was legalized not too long ago in terms of history, but it’s enough from the point of view of children who had already come by this time from surrogate mothers (as such, according to official domestic statistics, at least 22,000 are born per year, and the annual growth is not less than 20%). Now, reproductive technologies are already mentioned in several laws and regulatory documents, including the Family Code, the Law on Health Protection and the relevant orders of the Ministry of Health of the Russian Federation, first of all, the well-known 107n of 08/30/2012.
Now it is routinely accepted that in order for a child who was born from a surrogate mother to be given to genetic parents, they must submit to the registry office a birth certificate, a certificate from the IVF clinic about who the child’s biological parents are and the consent of the surrogate mother.
But even before the official incident in Russia in connection with this phenomenon, as it should be, several scandals occurred. First, in St. Petersburg, the court ruled in the case of Natalia Gorsky, who at that time was not officially married and used the service of a surrogate mother. The registry office in the usual way (in a familiar way easier!) refused to register this child as a son of Gorsky. And take the court and decide that there are no prohibitions or restrictions in the norms of the law concerning health care and family planning regarding the possibility for a woman who is not married to realize herself as a mother. And he ordered the child to register the registry office, thus creating an unprecedented-unheard of precedent.
Following the lady Gorsky, the lonely man, also unmarried, also wanted to become a father with the help of a surrogate mother. Well, the registry office again out of habit refused to recognize his legal parent. He appealed the refusal in court. And the Babushkinsky District Court of Moscow in August of the same year ordered the registry office to register this child. So, in our country, the first birth certificate of a surrogate child was obtained from a single man with a dash in the “mother” column. In general, the court was on the side of the mother-father and the child.
But the court is not decreed by Russian officials. Many have tried repeatedly to ban surrogacy in Russia. First, the Patriarch of Moscow and All Russia, who argued that, through surrogate motherhood, the established “divine law of childbearing and the sanctity of motherhood” are violated. And then, for the prohibition of surrogate motherhood, Elena Mizulina, who was at that time the chairman of State Duma committee on family, women and children, was equally faithful to her principles. Let's listen to how this woman illuminated with divine wisdom explained her thought: “Maybe humanity will understand that, like nuclear weapons, it is prohibited so that planet Earth does not die, so technologies that destroy the natural environment, the natural ways of having children, natural ways of human reproduction. Surrogate motherhood contradicts the Russian mentality, as our people recognize Orthodox spiritual values and the family as the bearer of these values. ” Well, the whole host of like-minded parliamentarians, who had not yet been enlightened at that time, was embarrassed with her by the obscure status of the children who were born in such an unmatched way.
Then came the high point of a member of the Federation Council from the Vladimir region Anton Belyakov, who decided not only to verbally ban surrogacy in Russia, but to immediately introduce the corresponding bill to the State Duma. This state man proposed to ban everything at once, and the very service of giving birth to a child to other people, and promoting this service, and at the same time encouraging a woman to surrogate motherhood.
There is a lot more that Mr. Belyakov told the unenlightened public: about the fact that this very public knows little about surrogate motherhood, and about the fact that the customers of the surrogate childhood are mostly malicious foreign same-sex perverts, and about the fact that Russia turns into a tourist Mecca for those who want to get a free surrogate angel, and of course about the fact that such an ugly phenomenon is the reason for many cause-and-effect conflicts. And to confirm the inviolability of his conclusions he authoritatively told the public without a reproach that he was a pediatrician by his first education (he did not mention about all subsequent educations, so as not to embarrass the completely dumbfounded public) and perfectly understands that there is no benefit from surrogate motherhood, because that it, this very benefit, cannot be by definition.
“There is an opinion that has been established in a number of countries, according to which surrogacy is analogous to the sale of children and prostitution. And there it received an appropriate legal assessment: for this you can incur criminal liability,” - snapped the senator suddenly and bluntly, and carried the bill to parliament.
Well, what about the State Duma, you ask?
The Duma thought that she was against the legislative prohibition of surrogate motherhood. This phenomenon is already there, and a ban to anything good will not. Simply, it will go into the shadows, and the same situation will arise as with the prohibition of abortion or baby boxes. “There will be a terrible shadow market where everything will be done in conditions that are extremely dangerous for people’s life,” she reasoned.
In her fair opinion, surrogate motherhood often becomes an outlet for those couples who cannot conceive a child due to health problems.
And what do these people do in the event of a ban? To look for a woman in the underground market who agrees to take out the child, and then pay a bribe to the midwives for registration? This means that you have to go to a deliberate violation of the law. Therefore, it is now better at the legislative level to regulate a number of issues related to surrogate motherhood, but not to prohibit it completely. I.e. to regulate exactly those moments that A. Belyakov mentioned in his fiery appeals: what to do if the customer did not like the customer, what to do if the mother decided to keep it, and so on. It is necessary to adopt a single standard contract, where all the nuances would be stated. But surrogate motherhood should not be prohibited at all and not provide any similar services in return, - the Duma thought so and at its meeting on 10/26/2018 rejected in the first reading a bill that proposed to introduce a ban on surrogate motherhood in Russia.
Based on the CNA "Moskva"