Opinion of health professionals about legal issues of surrogacy

Abstract   The study summarizes opinions of 7504 representatives of the medical community on organizational issues of surrogacy programs, rights, and responsibilities of their participants. Although Russian lawyers are yet to consolidate in developing the surrogacy legal framework, health professionals think that legal aspects are crucial. Almost all health professionals believe that surrogate mothers and contracting parents should be offered a lawyer before making a decision on surrogacy to explain the rights, obligations and responsibilities (92.6%). The majority consider that surrogacy can be used by couples in which a woman cannot give birth for medical reasons (81.0%) and that the surrogate mother should have the right to psychological support after the childbirth and weaning (87.8%). One-fifth of the respondents have no definite opinion on the remaining issues. The majority of the respondents believe that surrogacy should not be funded by the state and genetic parents have to pay for surrogacy; Russia should allow altruistic surrogacy (assistance to friends or relatives); and priority rights for a newborn are held by contracting parents-customers: the contracting parents have the right to request prenatal diagnostics during pregnancy and abortion in case of the detected pathology. Health professionals are hesitant to determine whether the surrogate mother can renegotiate the contract and choose an abortion. Unlike lawyers, health professionals consider it possible for single men to use surrogacy. According to the respondents, during pregnancy and childhood, decisions regarding lifestyle, hospitalization and methods of delivery should be made only in conjunction with specialists from the medical organization that signed the contract. Significant variations by region in the response structure suggest that socio-economic differences, diversities in culture and traditions in these issues have a greater impact on the opinion about surrogacy rather than professional experience. Key messages Unlike lawyers, health professionals consider it possible for single men to use surrogacy technology. The majority of the respondents consider that surrogacy can be used by couples in which a woman cannot give birth to a child for medical reasons.