Establishing the origin of a child born to a surrogate mother.

Abstract

The right to become a parent is considered as a separate element of each person's legal capacity. The very possibility of becoming a parent is due to the natural reproductive functions of the human body. This right cannot be restricted, especially since no one can be deprived of this element of legal capacity.

The legal grounds for entering information about the parents of a child born by a surrogate mother into the birth record book are considered. The possibility of expanding the list of cases of using such a method of artificial reproduction of a person as surrogate motherhood is discussed.

A large number of disputes are raised by the question concerning the possibility of a surrogate mother refusing to consent to the registration of a married couple as the parents of a child. The resolution of this issue affects the possibility of realizing the child's right to know his blood parents, other close relatives, taking into account the fact that we are talking about persons genetically related to each other. The possibility of defining clear criteria for resolving disputes regarding who to leave the child with, with a surrogate mother or with genetic parents is analyzed. The difficulty in solving this issue lies in the fact that, in addition to material and other conditions, it is necessary to establish, in particular, moral qualities and other circumstances characterizing the personality of the surrogate mother, genetic parents, in order to comprehensively protect the interests of the child. The influence of the psychoemotional state of the surrogate mother, in the postpartum period, on the legitimacy of her consent is analyzed.