Surrogate motherhood: reviews of surrogate mothers, legislative framework

2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21

When the problem of infertility eventually comes to the fore for one or another couple, each of them finds its own solution. Someone, having tried modern methods of treatment and not getting results, resigns himself, someone takes a child from an orphanage to raise, and someone goes for broke and uses the service of a surrogate mother, which is not yet very popular in Russia, to bear an heir. Reviews of domestic experts in the field of gynecology and reproductive he alth about this method of the appearance of a baby in the family are only positive. We will learn how the fertilization procedure takes place and how further monitoring of a woman carrying someone else's child is carried out. We will also give advice to those who are considering for themselves the option of participating in this kind of procedure. After all, the psychological factorbiological parents, and for the opposite side is of decisive importance.

About surrogacy

This method was first successfully tested by Americans in 1980. Since then, a large number of babies born through the use of surrogate mothers have been born all over the world. Reviews of surrogate motherhood can be read not only on the Web, but also in the gratitude books of reproductive centers and clinics around the world. The method gives a chance to infertile couples to continue the race, to feel like parents, to safely prolong their family life.

If you study the issue from the point of view of medical technology, the procedure itself does not affect the he alth of newborns and receives good reviews. Children from surrogate mothers are no different from babies who were carried and born by a genetic parent.

Three people are involved in the process:

• sperm donor father;
• mother from whom the egg was received;
• a surrogate mother who, with successful fertilization, bears a baby.

It also happens that a woman who gives her genetic material can simultaneously become a surrogate mother. Feedback on this type of service is mixed. If the family wants to have a child, but the girl cannot be an egg donor, she entrusts this function to a surrogate mother. In this case, many fear that they will not receive a child after birth, since a surrogate mother, who is also genetic, does notcan separate from the baby. Lawyers warn expectant mothers and remind them of the need to conclude an agreement, that is, draw up all relationships on paper so that, if necessary, you can resolve the dispute in court and put everything in its place.

It should also be noted that this method of reproduction of offspring is possible only in special state centers and private clinics for surrogate motherhood. Other options for the development of events, for example, conception in a natural way, and after the transfer of the child to his genetic father and his wife for a fee, is not surrogate motherhood and is not subject to legislation in this area. A prerequisite is the IVF procedure, namely, the fertilization of the egg in a test tube and the transfer of the resulting embryo within 3-5 days into the uterine cavity of a surrogate mother. Those who have used the services, the reviews are mostly positive. Negative moments arise for those potential parents who tried to circumvent the law or simply did not conclude at least a standard contract.

Russian legislation

Surrogate motherhood received legal grounds in our country in 2012. Up to this point, all actions in this area were illegal, although they were carried out and received a lot of positive feedback.

Currently, the procedure is regulated by the following parts of regulations and documents:

1. Paragraph 4 of Article 51 of the Family Code of the Russian Federation “Record of parentsof the child in the birth record book" states that it is impossible to record the couple who provided their genetic material as the child's parents if the surrogate mother did not give her written consent.
2. Article 52 of the Family Code indicates the following points taken into account when using the surrogate motherhood service. Firstly, the challenge of motherhood or paternity is possible only in court. Secondly, the recorded male parent does not have the right to refer to the IVF method or embryo implantation when disputing paternity, if he gave written consent to the procedure.
3. Federal Law “On the Basics of Protecting the He alth of Citizens” No. 323-FZ of November 21, 2011 outlines the requirements for a woman planning to bear a child for a childless couple. The main parameters are: age from 20 to 35 years; passing a special medical examination with the provision of a conclusion to the clinic of surrogate motherhood; having at least one he althy child; the mandatory presence of the written consent of the spouse, if any. It should be noted that since 2012, surrogate motherhood has been officially allowed in Russia. Reviews of surrogate mothers who make money on this process are quite difficult to find. However, women who have taken on such a function at the call of their hearts, for example, for their close relatives, are happy to share the results. A feature of this kind of motherhood in our country, in contrast to a number of foreign countries, is the impossibility of the simultaneous participation of a woman both as an egg donor and assurrogate mothers.
4. Article 16 of the Federal Law “On acts of civil status” No. 143-FZ of 1997-15-11 duplicates the provisions of the family code, on the basis of which a document from a medical institution is required confirming the consent of the surrogate mother to be recorded by the parents of those people who provided the genetic material and are the baby's biological parents.
5. Order No. 107n dated August 30, 2012 of the Ministry of He alth of the Russian Federation “On the procedure for using assisted reproductive technologies.”

Having a serious legislative base, Russians cannot simply use the services of a surrogate mother of their own free will. Participation in this program is possible only for medical reasons:

• Pathology of the endometrium, when implantation and subsequent gestation are in jeopardy.
• Missing or severely deformed uterus.
• At least three negative IVF results.
• More than two miscarriages.
• Oncology.

There are also rules and stages established at the legislative level for preparing a woman who plans to carry someone else's child through a surrogate motherhood program. The reviews of surrogate mothers note their positive attitude towards the impossibility of replanting more than two embryos, since not every woman is ready to carry triplets even for a lot of money.

Against the system

After the approval of changes in the legislation of the Russian Federation regarding the use of a surrogatematernity, children born in this way fall under the protection of the state. However, the biological parents of these babies can count on justice. So, in Russia there were several precedents that solved the problems of the participants in the process.

The case of Natalia Klimova, which was considered in St. Petersburg, ended in favor of the woman. Natalya became a surrogate mother and at the same time the child's genetic grandmother, using frozen donor material from her deceased son. The woman was denied registration of the child and registration as a mother. However, the court saw a violation in this and ruled that the refusal of the registration authorities infringes on the rights not only of the grandmother, who claims to be recorded in the certificate as a mother, but also of the newborn. The motivational part contained the following conclusions: the current legislation does not prohibit the registration of a child who was born as a result of embryo implantation, even if the mother is a single woman. The judicial authorities ordered the registry office to issue a mother-grandmother-surrogate mother in one person with a birth certificate of the child, entering Natalia Klimova in it as a mother.

In 2010, by a court decision, state authorities were obliged to register a baby born as a result of a surrogate motherhood program for a single man. This is the first birth certificate of a child issued in the Russian Federation, in which there is a dash in the column “mother”. The court justified its decision by the fact that in Russia there are no prohibitions on the sale of an unmarried man as a fatherthrough the use of surrogacy. The feedback of a parent who, in his opinion, has achieved a fair decision, reports his victory and the discovery of new opportunities for men who want to prolong their family, but have not found a soul mate or lost it as a result of an accident.

How the process works

Judging by the reviews of surrogate mothers, children whose conception did not occur in a completely standard way can cause certain feelings in the women carrying them. That is why a potential surrogate mother should consider whether she is able to withstand such a test. In addition, the medical intervention itself requires both women to have a certain amount of stamina and endurance in order to pass a test that includes:

• matching surrogate and biological mother cycles;
• induction of ovulation of the woman from whom the egg is taken;
• drug preparation of surrogate mother for embryo transfer;
• transvaginal puncture to take the cell;
• fertilization;
• stage of embryo formation;
• implementation of the procedure for the delivery of embryos to the uterine cavity;
• therapeutic support for a surrogate mother through the appointment of certain medications.

Cycle regulation

This procedure is performed to avoid cryopreservation of genetic material during surrogacy. Reviews of surrogate mothers say that the transfer of embryos that have not been frozen inliquid nitrogen greatly increases the chances of getting pregnant on the first try.

Ovulation Stimulation

A woman is taking drugs that cause more eggs to mature. At this stage, it is necessary to monitor the patient with ultrasound and pass the necessary tests. Ultrasound allows you to measure the thickness of the endometrium and find out the number of follicles. The level of estradiol and progesterone in the blood is also monitored. Thus, the effectiveness of the chosen stimulation method is determined and the moment is determined when it is necessary to introduce a drug that ensures the final maturation of the eggs. Then a drug is used that triggers ovulation.

In parallel with the stimulation of the biological mother, medical preparation of the surrogate mother is carried out. Feedback on the surrogate motherhood of the women participating in the process, both on the one hand and on the other, speaks of the normal state of he alth of the patients during the procedures. Doctors also note the absence of complaints of he alth problems during this period.

Puncture

36 hours after the patient has received the drug necessary to complete the process of cell maturation, follicles are collected and oocytes are aspirated. Under the control of ultrasound, a puncture is performed transvaginally. The manipulation takes about 20 minutes, after which the woman is left in the hospital for several more hours.

On the same day, sperm is taken from a man. If there are no spermatozoa in it, thenbiopsy. It should be noted that a man does not have to be in the clinic on the same day. He can hand over the material that is cryopreserved in advance.

Fertilization

Before the main stage, spermatozoa are washed from seminal fluid and the highest quality specimens are selected. Fertilization itself can occur in various ways:

1. IVF is used only for excellent sperm counts. They are mixed with eggs and left in an incubator under special conditions. Within a few days after fertilization, the resulting embryo is able to take root in the surrogate mother's uterus.
2. ICSI is different in that the best sperm is injected into the egg with a special needle. This method is used for male infertility, an undiagnosed egg disorder, or when the quality of the material is unimportant after reopening.
3. IMSI is an improved ICSI. In this method, the quality of spermatozoa is monitored through special tests. The selection of genetic material is carried out using a microscope of high magnification, which allows analysis of the spermatozoon using optical equipment.
4. PIXY also uses quality selected material. If the previous two methods only visually evaluate spermatozoa, then in this case they are placed in a special bowl treated with hyaluronic acid. When interacting with a substance, the best samples are determined. The introduction of selected specimens also occurs using a microneedle. This method is considered the best becausehelps reduce the risk of spontaneous miscarriage and fetal fading.

After the fertilization of the cell by any of the above methods, it is placed in an incubator. Since conditions are created there that maximally repeat the natural environment, the possibility of embryo death is minimal. According to doctors, all methods are quite effective and have proven themselves well. However, the choice of method for obtaining an embryo is the responsibility of the doctor. The most careful selection of spermatozoa with the help of chemicals is carried out only in case of emergency and only for good reasons.

Tips

In order to mentally prepare for such an event in your life, you need to know the opinion of specialists and those who used the services of a surrogate mother. Reviews posted online vary.

So, for example, advice for women carrying someone else's baby is as follows:

1. It is necessary to discuss the situation in your own family. Even despite the kindness and responsiveness of Russian women, the majority takes such a step forcedly. The main reason is still the desire to improve the financial situation or living conditions.
2. You should understand whether you are psychologically ready for the fact that the child will have to be given away immediately after birth and you will never be able to communicate with him. It may be necessary to visit a specialist to understand yourself.
3. If a puzzle has formed in your head, and you definitely understand that you can pass the test, then you canstart looking for an agency or clinic that implements such procedures. In this case, special attention should be paid to reviews. Those who used the services of a surrogate mother in 2018 and got what they wanted are happy to share their opinions on medical institutions and the proper behavior of a surrogate mother on social networks. Learn the responsibilities of a woman carrying a baby, and also decide if you can handle the conditions.
4. Try to find out in more detail what are the contraindications for embryo transfer. If another pregnancy will damage your he alth, then discard this idea. You should not risk your life, because you probably have children who need a mother.
5. If nothing threatens you, you are he althy and physically and mentally ready to bear a child, contact the medical center or specialized agency of your choice. Feedback from surrogate mothers who participated in the program is also of paramount importance here.



6. All the while you are preparing for your mission, and also after you have been chosen by potential parents, tell yourself that the unborn child is not yours, he is a stranger, he already has parents, and you are only doing a service for your own children. If you treat this kind of motherhood as a job that needs to be done with high quality, then everyone will be satisfied. And most importantly, it will be easier for you to endure pregnancy.

Women's Opinion

Reviews of surrogate mothers who participated in the childbearing program,not having a genetic connection with them, they say that it is easy if you set yourself up correctly. But at the same time, women warn that if there is even a drop of doubt, then it is better not to get involved in it. You also need to enlist the support of loved ones who will wait with you for the end of your contract and support you in case of problems. After all, be that as it may, you will have nine months of pregnancy, and during this period no one cancels hormonal disruptions, mood swings, toxicosis and other delights of waiting for a baby. Also, you must understand that you are simply obliged to follow all the recommendations of the doctors leading the pregnancy, and the terms of the contract concluded with potential parents. Violation of any clauses of the contract may lead to a reduction in the amount you originally agreed upon. In these nine months, only customers and doctors decide what you will eat, how many times you will visit the doctor, what tests and examinations you will undergo. You do not have an absolute say, as in the case of expecting your child, but only obligations under the contract and the ultimate goal - to carry someone else's child, reproduce it into the world and receive a worthy reward for your work.