scholarly journals To the question of the priority of a surrogate mother over genetic parents with birth registration

2019 ◽  
Author(s):  
S.A. Goreva
Keyword(s):  
Birth Registration ◽  
Surrogate Mother ◽  
Genetic Parents

scholarly journals Gaps in the legal regulation of surrogacy in Ukraine and analysis of the experience of foreign countries

2020 ◽  
pp. 76-81
Author(s):  
M.M. Novytska ◽  
A.V. Kozhushko
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Surrogate Mother ◽  
Legal Cases ◽  
National Courts ◽  
State Register ◽  
Foreign Countries ◽  
Biological Parents ◽  
Civil Status ◽  
Genetic Parents

The article is devoted to the study of the legislation of Ukraine regulating the procedure of surrogacy and the main legal gaps in this area. In addition, a legal analysis and comparison of the legislation in the field of surrogacy in such foreign countries as Belarus, Kazakhstan, the Czech Republic, Israel, Sweden, the Netherlands, Nigeria, Finland, some US states. The main legal cases arising in Ukraine during and after the use of the surrogacy procedure, their causes and consequences are highlighted. The case law of national courts is given and analyzed. In particular, the procedure for legal regulation of the mechanism of registration and registration of a child born as a result of surrogacy needs to be improved in order to avoid the possibility of a surrogate mother entering information about herself as a child’s mother in the state register of civil status and further challenging maternity in court. A comparative analysis of the experience of foreign legal regulation of the institution of surrogacy and focused on their pros and cons. The basic provisions and principles which can be borrowed from experience of realization by foreign countries of procedure of surrogacy are offered. When creating regulations, a number of guarantee norms should be taken into account, which will be the basis for avoiding potential conflicts and negative situations. In particular, they include: the refusal of a surrogate mother to give the child to biological parents; the refusal of the biological parents to pick up the newborn child; cases of birth of two or more children; birth of a dead / sick child; the desire of the surrogate mother to terminate the pregnancy, the refusal of the genetic parents to perform their duties in terms of paying for the services of the surrogate mother. The conclusion about the necessity of the Ukrainian legislation in legal regulation and rationing of surrogacy by creation of the uniform profile regulatory act is carried out.

scholarly journals Surrogacy and HIV: features of a clinical case in comorbid cancer

2021 ◽  
Vol 20 (1) ◽  
pp. 65-69
Author(s):  
T. V. Lisovskaya ◽  
S. S. Smirnova ◽  
A. M. Gzgyan ◽  
D. E. Kireev ◽  
D. F. Salimov ◽  
...  
Keyword(s):  
Married Couple ◽  
Reproductive Function ◽  
Clinical Situation ◽  
Antiretroviral Drugs ◽  
Hiv Positive ◽  
Hiv Status ◽  
Surrogate Mother ◽  
Biological Parents ◽  
Genetic Parents ◽  
Donor Oocytes

Introduction. A significant increase in the quality and increase in the life expectancy of HIV patients during treatment with antiretroviral drugs necessitates the implementation of the reproductive function in these patients. The participation of a surrogate mother in the treatment of infertility in HIV-infected potential parents, vided by the Russian legislation, requires additional solutions to a number of clinical and organizational problems. The aim was to substantiate a surrogacy program as a method of choice for the treatment of infertility in patients with HIV-positive status and comorbid cancer and also a multidisciplinary approach to organizing it on the example of a specific clinical situation and based on the analysis literature data.Materials. We report a case of using a surrogacy program for a married couple with a positive HIV status in the 4th stage of the disease using the husband's sperm and donor oocytes. The use of donor oocytes in this situation is due to the onset of menopause against the background of a comorbid severe cancer that required multiple courses of chemotherapy.Conclusion. Potential biological parents with a positive HIV status in stage 4 of the disease may have a comorbid oncological pathology, which in itself, as well as its treatment, contributes to a decrease in fertility, and for the future biological mother, it is an obstacle to independently carrying a pregnancy. In this regard, the surrogacy program is the method of choice for the treatment of infertility in this clinical situation. It is advisable for obstetricians-gynecologists (reproductologists) to inform the surrogate mother about the potential risks of infection with the participation of genetic parents with HIV-positive status at various stages of IVF and about preventive measures during gestation in conjunction with the infectious disease specialist of the regional centers for the prevention and control of AIDS.

scholarly journals SURROGACY: ON THE CONFLICT OF LEGAL POSITIONS IN THE POSTMODERN STYLE

2021 ◽  
pp. 16-23
Author(s):  
Надежда Николаевна Тарусина
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Constitutional Court ◽  
Surrogate Motherhood ◽  
Surrogate Mother ◽  
The Supreme Court ◽  
The Status ◽  
Medical Legislation ◽  
The Russian Federation ◽  
Genetic Parents

В статье рассматриваются вопросы, обусловленные противоречивыми подходами российского законодателя и российских судов к институту суррогатного материнства, в той его части, которая фиксирует статусы суррогатной матери и генетических родителей относительно судьбы ребенка, рожденного в результате их участия в соответствующей программе. Предлагается анализ двух определений Конституционного Суда РФ, трех особых мнений судей данного Суда и постановлений Верховного Суда РФ по данному вопросу. Констатируется наличие явной коллизии этих правовых позиций. Выражается надежда на снятие означенной коллизии и, главное, на справедливую корректировку норм семейного и медицинского законодательства, посвященных этой проблеме. The article examines the issues caused by the conflicting approaches of the Russian legislator and Russian courts to the institution of surrogate motherhood, in that part of it, which fixes the status of a surrogate mother and genetic parents regarding the fate of a child born as a result of their participation in the corresponding program. An analysis of two definitions of the Constitutional Court of the Russian Federation, three dissenting opinions of the judges of this Court and the decision of the Supreme Court of the Russian Federation on this issue is offered. The presence of a clear conflict of these legal positions is stated. Take hope on expressed for the elimination of the aforementioned conflict and, most importantly, for a fair adjustment of the norms of family and medical legislation dedicated to this problem.

scholarly journals Practical and theoretical problems of legal regulation of surrogacy

2021 ◽  
pp. 1-12
Author(s):  
Yana Ivanovna Suprun ◽  
Anastasiya Maksimovna Kozlova
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Case Law ◽  
Legal Regulation ◽  
Surrogate Mother ◽  
Legal Norms ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Genetic Parents

The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.

Causal relations and the surrogate mother.

1976 ◽  
Vol 31 (9) ◽  
pp. 671-673
Author(s):  
James Forest
Keyword(s):  
Surrogate Mother ◽  
Causal Relations

The Reproductive State

2018 ◽  
Author(s):  
Anindita Majumdar
Keyword(s):  
Birth Certificate ◽  
Parallel Process ◽  
Reproductive State ◽  
Surrogate Mother ◽  
Foreign Nationals ◽  
Dna Test ◽  
Commercial Surrogacy ◽  
International Laws

The birth of the child in transnational commercial surrogacy leads to a protracted process of staking claim. In this chapter, the focus is especially on the national and international laws that are invoked by foreign parents and foreign consulates to grant citizenship to the newborn. The applications for citizenship from their home countries, and the exit visa from India lead to many processes of bureaucratic verification and authentication of the genetic tie between the child and the intended parent(s) and the surrogate mother. Seeking identity here are both the new parents and the newborn. Through the birth certificate and the DNA test paternity is identified, while a parallel process seeks to ascertain maternity through the surrogate mother—who incidentally has rejected her tie to the newborn as part of the contractual requirements! Through the narratives of three foreign nationals navigating the citizenship process—international laws regarding surrogacy, kinship and citizens are analysed.

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