On the property responsibility of genetic parents under the surrogacy agreement: experience of the Russian Federation and the Republic of Tajikistan

The object of this research is the institution of property responsibility of genetic parents under the surrogacy agreement established in legislation of the Russian Federation and the Republic of Tajikistan, as well as the problematic of practical implementation of the surrogacy agreement. The subject of this research is the legislative norms that regulate the procedure of bringing genetic parents under the surrogacy agreement to property responsibility in the territory of the Russian Federation and the Republic of Tajikistan; corresponding materials of law enforcement practice; statistical data and reports published in the official mass media. The scientific novelty of consists in analysis of the problems of property responsibility of genetic parents under the surrogacy agreement, which was concluded in the territory of the Republic of Tajikistan. The main research results lies in the development of the original pointwise proposals on the long-term solution to these issues (it is worth noting that such proposals have not been previously expressed in the context of legal experience of the Republic of Tajikistan).

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

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.

Foreign experience in protecting human reproductive rights from crime

The purpose of the research is to determine the features of foreign experience in protecting reproductive human rights from crimes. The article analyzes the legislation regulating human reproductive rights, provides various points of view of scientists regarding artificial human reproduction. The scientific novelty of the work consists in the development of various mechanisms to protect the legal status of both surrogate mothers and genetic parents, which helps to reduce crime. As a result, the models of perception of the phenomenon in question are defined, both in Europe and in the Asian region. Various ways to minimize legal conflicts are suggested. In addition, taking into account this kind of reality, we have identified differential approaches to the issue of legal liability for abuse in the field of artificial reproduction to people in the countries of the European and Asian continents. They also identified specific features of the work of Russian clinics as agents of medical and genetic consultations with foreign citizens (In particular, the Netherlands, Thailand, and some USA States).

A STUDY ON INTER-PARENTAL CONFLICT AND AGGRESSION AMONG UNIVERSITY STUDENTS

Parental conflicts have a great impact on the learning and behavior of students. Thus, the current study intended to explore the relationship between perceived inter-parental conflict and aggression among university students. To draw the sample of study stratified proportionate sampling method was applied and 316 university students (age range 17-23 years) were included in study. Children’s Perceived Inter-parental Conflict Scale (age range 6-25 years) and Perry Aggression Questionnaire (age range 15-25years) were used to measure study variables. Data were examined by using descriptive statistics, correlation, regression analysis, t-test, and ANOVA. Findings highlighted that there is a significant positive correlation between perceived inertparental conflict and aggression among university students (r=.397, p<0.05). Furthermore, regression analysis revealed a significant predictive relationship between inter-parental conflicts and aggression (R²=.15, F=57.88, p<0.001). Whereas, the results of t-test and ANOVA revealed that demographic features like gender, household type and living with genetic parents and step parents have no substantial role in inter-parental conflict and aggression.

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

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.

Аdvocacy in protecting reproductive rights

As the number of infertile couples is growing in Russia, the use of assisted reproductive technologies (In vitro fertilization, surrogacy, etc.) have been widely developed. Thus, there is the urgent need of proper legal regulation and measures to protect the rights of both surrogate mothers and genetic parents from diff erent abuses, including those of criminal nature. The legislation governing relations in this area needs further development. There are a review of foreign laws concerned, and the analysis of different positions on human reproductive rights in this article. An attempt has been made to determine the list of crimes against human reproductive rights. The necessity of advocacy in the sphere of assisted reproductive technologies is reasoned as a measure of protection of human reproductive rights.

The concept and legal nature of surrogacy

The article examines in the context of the current legislation the theoretical approaches to the definition of the concept of surrogacy, its legal nature, as well as the problems of legal regulation of the institution of surrogacy that arise in law enforcement practice. It is concluded that the institution of surrogate motherhood should be considered as an indirect medical intervention, which consists in performing medical manipulations with the mental state of a person, and has a rehabilitative orientation. When studying the problem of determining the legal nature of surrogacy, the authors note that it is determined by the purpose of the institution under study – to overcome and cure infertility through the prism of improving the quality of life. The authors conclude that the Russian society has an ambiguous attitude to the institution of surrogacy, and the validity of its existence in Russia is disputed. The authors do not rule out a possible shift in the legal regulation in favor of genetic parents in the future, but to do this, Russia needs to streamline the legal regulation in this area.

Practical and theoretical problems of legal regulation of surrogacy

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&rsquo;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.

Nuclear Families: Mitochondrial Replacement Techniques and the Regulation of Parenthood

Since mitochondrial replacement techniques (MRT) were developed and clinically introduced in the United Kingdom (UK), there has been much discussion of whether these lead to children borne of three parents. In the UK, the regulation of MRT has dealt with this by stipulating that egg donors for the purposes of MRT are not genetic parents even though they contribute mitochondrial DNA (mtDNA) to offspring. In this paper, I examine the way that the Human Fertilisation and Embryology Act in the UK manages the question of parentage. I argue that the Act breaks the link typically made between genetic causation and genetic parenthood by redefining genetic causation solely in terms of nuclear genetics. Along with this, mtDNA is construed as a kind of supplement to the nuclear family. Drawing on the account of the supplement developed by Jacques Derrida, I argue that mtDNA and the women who donate it are seen as both essential to establishing the nuclear family but also exterior to and insignificant for it.

Physical Abuse of Children by Stepfathers in Colombia

Evolutionary psychologists claim that stepparents perpetrate substantially more child physical abuse than genetic parents, and that they do so because they are less invested in genetically unrelated children. The objective of this study was to examine these claims by investigating whether, and why, fathers in a Colombian sample physically abused their stepchildren more than their genetic children. Fathers ( N = 86) and their partners living in Bogotá were interviewed by Klevens et al. Half of the fathers had been reported to authorities for child physical abuse, the other half were matched controls. Secondary analysis was conducted of Klevens et al.’s data. Hypotheses from the evolutionary and ecological accounts of child maltreatment were tested using logistic and ordinal regression. Both the prevalence and the frequency of physical abuse by stepfathers were considerably greater than those of genetic fathers. Several indicators of adversity—including parental youth and experience of abuse, fathers’ chronic stress, and mothers’ poor communication with the child—were associated with both abuse and stepparenthood. Models including these variables indicated that they accounted for much of the stepfathers’ higher rates of abuse. Consistent with the ecological account, much of the stepfathers’ greater prevalence and frequency of abuse in this sample is likely to have resulted from confounding variables, rather than from the step relationship per se.