Obligations and liability of a Surrogate
Since a Surrogate has freely, voluntary and consciously decided to carry and give birth to a child for Intended Parents, she must understand responsibility and liability of her deeds. Besides, her responsibility isn’t only limited by the provisions which were processed by lawyers and stipulated by civil agreement between a Surrogate and Intended Parents. We consider that a Surrogate must take into account not only legal, but also moral and ethic aspect of the issue: she is RESPONSIBLE for the LIFE and HEALTH of a new little human being! For not making his/her life overshadowed by diseases or suffers because of his abnormal development caused by her irresponsibility. A baby shouldn’t suffer because a Surrogate forgets about her scheduled examination, her wish “to load her stomach with ice-cream”, to overdrink vine with the intention to forget about her dull life or because of her walking under a cold rain…
Liability of a Surrogate, who has violated her liability and/or rights and interests of Intended Parents and their child (children), are stipulated not only by an agreement but also by provisions of criminal, administrative and civil code of Ukraine. These are not only fines, penalties, deductions, but also imprisonment (for criminal offenses). However it’s only for those who don’t realize the measures of mother’s responsibility towards a CHILD, while a Surrogate is still a mother even if for a certain period only.
It goes without saying that every surrogate is instructed about her behavior while participating in the programme. Her obligations are simple, clear and they are stipulated by an agreement or other documents. A Surrogate undertakes to:
- follow all prescriptions and recommendations of doctors and Agency’s supervisor during the first stage of IVF (medication, tests, following all restrictions and continence);
- attend all appointed procedures and examinations;
- carry pregnancy, give birth and relinquish child (children) to Intended Parents;
- live at the place of residence agreed by Intended Parents and Agency during the whole period of pregnancy;
- during the whole pregnancy undertake all doctor’s prescriptions (day regime, food, sexual life, physical activity, etc.), take all necessary medicine in time and correctly, undergo medical procedures, maintain personal hygiene;
- register at prenatal clinic;
- provide complete and truthful information about her health and pregnancy weekly;
- immediately inform about Intended Parents, Agency’s supervisor and doctors in case of any changes of her health condition during pregnancy;
- immediately come to a certain medical institution for qualified and in-time medical aid in case of emergency;
- terminate pregnancy according to medical indications (including selective abortion);
- not to drink alcohol, not to take drugs or any other medicine or substances which may be harmful for a child;
- sign a consent for registration of Intended Parents as parents of a child at Vital Registration Office and other necessary legal documents (for foreign citizens);
- not to claim for parental rights over a child born and to relinquish a child to Intended Parents.
Certainly a Surrogate is under permanent control of doctors and Agency’s supervisor during the preparation for the programme, pregnancy and childbirth. However, the purpose of such supervision is not to create any limitation for a pregnant woman, but to provide her assistance and support. At the start of a new programme we try to create a team of like-minded persons, who must fulfill the most important task – to GRANT a healthy child to Intended Parents!
