Mother, Mothers: Forms and Contents of Maternity. A Simmelian Interpretation of Surrogate Motherhood

The article is devoted complex research of problem of defence of rights for children, bear as a result of application of auxiliary genesial technology – substitute maternity. In research the basic conceptual going is described near determination of origin of bear by a substitute a mother child, the problem of absence of the legislative adjusting of legal status of embryo of man is set, conceived in-vitro and the ways of its decision are offered. Attention is accented on the ambiguousness of the legal adjusting of the phenomenon of substitute maternity in the world. In research the possible risks of unhonesty of medical establishments which give services in auxiliary genesial technologies, and consequences of errors of doctors-reproduktologists, are analysed as subsequent limitation of rights for a child by a foreign country on the example of case of «Paradizo and Kampanelli v. Italy». Pointlessness of the legislative fixing of term, during which a substitute mother must give a consent to registration of persons the parents of child, is set, taking into account possible manipulations from the side of substitute mother and potential loss by the new-born child of parents in the case of death of substitute mother to signing of the proper consent. In research the role of the Ukrainian national courts is analysed in establishment of legal fact of domestic relations between parents and new-born child for confession of state power of birth certificates, given out the Ukrainian organs of state civil registration foreign organs. Concentrated attention on absence of permanent practice of national courts in relation to determination of type of judicial realization as in certain cases a court specifies on the substitution of concepts «establishment of legal fact of domestic relations» and «confession of paternity declarants». As a result of research a conclusion is done about the necessity of development of international convention, which will fasten the standards of defence of rights for children, bear as a result of application of auxiliary genesial technologies, and also outlined tasks which appear before a national legislator and Ukrainian courts, to provide the high-quality legal adjusting of substitute maternity, taking into account rights for a child above all things.

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