Surrogate motherhood: solving infertility problems. What to do if the surrogate mother doubts whether she will be able to give the child away? Is surrogacy allowed in Russia

The legal aspects of surrogate motherhood are prescribed in the Family Code, Federal Law No. 143 “On acts of civil status”, Federal Law No. 323 “On the basics of protecting the health of citizens in Russian Federation”and Order of the Ministry of Health of the Russian Federation No. 67. Several subtleties of this issue must be taken into account.

Surrogate motherhood is the bearing and birth of a child under an agreement between a surrogate mother and potential parents. However, the agreement is valid even if premature birth. A surrogate mother is a woman who carries a fetus after the transfer of a donor embryo. Potential parents are those whose germ cells were used for fertilization. Moreover, an unmarried citizen can also be a parent (part 9 of article 55 of the Federal Law “On the basics of protecting the health of citizens in the Russian Federation”).

What are the legal requirements for surrogate mothers?

• age from 20 to 35 years;
• having at least one own healthy child;
  - the presence of a medical certificate on a satisfactory state of health;
  - availability of voluntary written consent to medical intervention.
• if the woman who decides to become a surrogate mother is married, then the written consent of her spouse will also be required.

Where to look for a surrogate mother? What is the cost of her services?

There are two ways: to search on your own, or you can resort to the help of law firms and family centers specializing in surrogacy. Both of these methods have their pros and cons. The advantage of an independent search is that you can negotiate with a surrogate mother without intermediaries for a relatively small fee. The prices of "private traders" range from $400 to one million rubles. At the same time, an independent search threatens with the risk of becoming a victim of scammers. There are many examples on the Internet of surrogate mothers cheating on biological parents. There are even "black lists" of surrogate swindlers.

The advantage of contacting a specialized company is the ability to avoid many formalities on your own, but you need to understand that the services of specialized companies are, as a rule, very expensive. Many, for example, ask from 500 thousand to 1 million rubles for themselves and the same amount for the services of a surrogate mother. HOWEVER, no matter which method you choose, no one guarantees you in advance that surrogate mother will give you the child after his birth. In this sense, the law is objectively on the side of the surrogate mother, since a childless couple can be registered as the child's parents only with the consent of the surrogate mother (part 4 of article 51 family code). To prevent this from happening, it is best to properly formalize all relationships in advance.

How to competently draw up a contract with a surrogate mother?

The contract between the biological parents and the surrogate mother, from a legal point of view, is an ordinary civil law contract concluded for the purpose of acquiring/transferring civil rights and responsibilities. Since the child itself cannot be the subject of a transaction, the condition obliging the surrogate mother to transfer the child to his parents is void. To prevent the surrogate mother from being tempted to keep the child to herself, it is possible to prescribe a provision that if the surrogate mother decides to keep the child to herself, she not only loses the right to pay the above compensation, but also undertakes to compensate the biological parents for all their costs under this agreement.

To avoid possible problems the contract must specify the amount of compensation for medical care, the place of residence of the surrogate mother during pregnancy, medical institution, the consequences of the birth of a handicapped child and the obligation of a surrogate mother to comply with all doctor's prescriptions.

Is it necessary for a couple to be officially married in order to use the services of a surrogate mother?

No, not necessarily. Part 3 of Art. 55 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”: “A man and a woman, both married and unmarried, have the right to use assisted reproductive technologies if they have mutual informed voluntary consent to medical intervention.”

Can a single woman or man use the services of a surrogate mother?

Yes maybe. Practice knows the judicial precedent in the case of Natalia Gorskaya. The court, referring to Article 45 of the Basic Laws of the Russian Federation on Health Protection, indicated that single people also have the right to use the services of surrogate mothers for procreation. It was decided that the registry offices mistakenly apply the rule 51 of the Family Code, drawing from it the conclusion that it is impossible for a woman who is not in a registered marriage to participate in the surrogacy program. The court noted that such an interpretation of the norms of the law violates the rights guaranteed to citizens of the Russian Federation by the Constitution in Art. 38, 45, 55.

Can a man also apply to the surrogacy program?

Yes. In this case, a dash was placed in the column "mother" in the child's birth certificate.

What is the procedure for registering a child born by a surrogate mother in the name of future parents?

The procedure for registering a child born by a surrogate mother is determined by Art. 16 of the Federal Law No. 143 "On acts of civil status".

When registering a child, biological parents must submit to the registry office:

• a document confirming the fact of the birth of a child (birth certificate),
  - document issued medical organization and confirming the fact that the consent of the woman who gave birth to the child (surrogate mother) was obtained for the recording of the indicated spouses by the child's parents (the written consent of the surrogate mother).

In the presence of specified documents registry offices register births in the names of genetic parents. If a single person used the services of a surrogate mother, then a dash is put in the column “mother” or “father”.

Surrogate (substitute) motherhood means the bearing and birth of a child conceived through in vitro fertilization. At the same time, the genetic material that becomes the basis of a new life does not belong to the woman herself, but to strangers for her, who, for whatever reason, cannot have offspring themselves.

The opportunity to use the services of a surrogate mother for many single people or infertile couples is the only way have genetically related children. The method is in great demand, despite the need for significant financial investments.

Most Russians consider substitute motherhood to be something exotic and not entirely ethical. This is facilitated by the wide spread of various misconceptions.

Source: depositphotos.com

"Surrogate" children are different from "normal" children

A child born as a result of surrogacy is neither physically nor mentally different from their peers conceived naturally or born to a biological mother who became pregnant through IVF. On the contrary, this baby has a higher chance of being born healthy - without genetic abnormalities and defects. prenatal development. The fact is that the procedure of artificial insemination of a surrogate mother is preceded by a thorough medical examination. With the same attention, doctors study the health status of future biological parents. Fertilized eggs prepared for the IVF procedure are subject to selection in order to exclude possible anomalies. Bearing a "surrogate" baby, his birth and the first months of life are also under the strict supervision of specialists.

This cannot be. The genetic material that determines the features of appearance, such a child receives from biological parents. Fertilization and the first divisions of the embryo occur in a test tube. At the time of placement in the body of a surrogate mother, it has a complete set of genes that can no longer be supplemented. In the future, the baby will become like his mother and father. A woman who carried and gave birth to a child does not pass on any hereditary qualities to him.

"Surrogate" child is threatened with infertility in the future

Children born from surrogate mothers have no specific malformations reproductive system not visible. Moreover, substitute motherhood has officially existed for more than 40 years, and the first "surrogate" children have long become adults, have own families. Among them, not a single case of infertility, directly due to the circumstances of conception, gestation or birth, has yet been registered.

The biological mother of the child must be young

This is wrong. The only condition for the application of the method of substitute motherhood in this case is the ability of the biological mother's body to produce live eggs, which is possible not only during the period considered optimal for bearing a child, but also after a woman reaches 40 years of age, when pregnancy and childbirth are associated with certain risks.

Among the biological parents who resort to the help of surrogate mothers, there are many people who for a long time tried to have children, were treated for infertility, resorted to artificial insemination. In most cases, the biological mother is no longer very young. Often, women who have missed optimal age for bearing because of a passion for a career.

The mature (over 40 years) age of the biological mother with any method of conception has increased risk the birth of a child with developmental disabilities. A thorough check of fertilized eggs before their implantation in the body of a surrogate mother can significantly reduce this risk. In addition, today a woman has the opportunity to take advantage of the achievements of scientific and technological progress and store the eggs taken at the optimal reproductive age in frozen form for subsequent fertilization. At the same time, the probability of having a healthy child increases.

For conception, the egg of a surrogate mother is used

In most cases, family couples who are able to give normal germ cells resort to substitute motherhood. However, there are exceptions: sometimes, due to the unsatisfactory state of the reproductive system of future biological mothers, eggs are taken from their blood relatives (for example, sisters).

In some cases, single men wish to use surrogate motherhood. In such a situation, the future father has the opportunity to use an egg taken from an anonymous donor. In Russia, since 2012, there has been a legislative restriction that prohibits a surrogate mother from becoming a donor of genetic material at the same time.

Wealthy women use surrogacy to avoid childbirth

It is impossible to exclude such cases, but if they happen, then infrequently. The fact is that the procedure for taking eggs is a very difficult task. The ovarian puncture is performed under general anesthesia. In the weeks before this, the woman is forced to take hormonal preparations activating the maturation of follicles. All of these procedures are unpleasant and associated with certain risks.

As a rule, surrogacy is resorted to by women who cannot conceive or bear a child due to age or because of serious pathologies incompatible with pregnancy. Such a decision is usually dictated by difficult life circumstances, and not by the desire to make life easier for yourself by avoiding the hardships of pregnancy and childbirth.

Surrogate mothers often keep their children to themselves

The risk of such a development of events is not excluded. During gestation and childbirth, a woman may become attached to the unborn baby and not be able to overcome the emotional stress associated with the need to transfer it to biological parents. A future surrogate mother must take a course with a psychologist, but this does not always help.

There is also a directly opposite possibility: relatives, mother and father, may refuse a newborn for psychological or some other reasons. Although each case of substitute motherhood is accompanied by the drawing up of an agreement regulating the obligations of the parties, there is no mechanism for the forced transfer of a “surrogate” child in our country.

Fortunately, such scenarios are extremely rare. As a rule, children born by surrogate mothers safely find their families.

Surrogacy is outlawed

In Russia, surrogacy, including commercial surrogacy, has been officially allowed since 2011. It is regulated federal law"On the fundamentals of protecting the health of citizens in the Russian Federation", a number of articles of the Family Code, as well as orders of the Ministry of Health of the Russian Federation.

Despite the fact that legislative acts have a number of significant gaps, practice has established that not only officially registered married couples, but also citizens living in civil marriage as well as single women and men. Sometimes people who are not members of marital relations, you have to prove your right to motherhood or paternity in court. However, these cases are becoming more and more, and it is hoped that such problems will disappear over time.

The authorities of other states treat the practice of surrogate motherhood in different ways. It actually exists but is not regulated by law in Finland, Belgium, Spain and Greece. In countries such as Great Britain, Denmark, Israel, Canada, the Netherlands, surrogate motherhood is allowed with significant restrictions (as a rule, the provision of these services on a commercial basis is prohibited). In Belarus, the help of surrogate mothers can only be used by those women who are unable to bear a child due to serious problems with health. On the territory of France, Sweden, Norway, Austria and Germany, substitute motherhood is completely prohibited.

The development of substitute motherhood is hampered not only by delusions about its safety for the unborn child. Many consider this way of acquiring offspring contradictory ethical standards. There is an opinion that the use of a woman's body to carry a genetically alien fetus violates her rights and is actually exploitation. Some people equate commercial surrogacy with child trafficking. A negative attitude is supported by the heads of the main religious denominations: they believe that the practice of vicarious motherhood undermines the foundations of family relations.

Nevertheless, one cannot but admit that the services of surrogate mothers allow one to become happy parents to people who otherwise would not be able to do so. Most likely, this practice will develop especially successfully if legislators take care to study the existing problems and create an adequate legal basis for their solution.

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With some types of infertility, not only the process of conception is impossible, but also gestation, as well as childbirth. The way out in this situation is surrogate motherhood. In our country, this procedure is officially allowed.

Despite the fact that at the legislative level the bearing of a child by another woman is allowed, it is condemned by some social institutions, including Orthodox Church. The opposition of ideas regarding surrogacy makes it a subject of discussion, although for some couples this procedure is the only way to become parents.

Surrogate motherhood refers to assisted reproductive technologies. Its essence lies in the fact that the conception and birth of a child occurs with the participation of 3 people:

1. genetic father- a man who provides sperm for fertilization and agrees to arrange for the adoption of a child after his birth.
2. genetic mother- a woman who provides an egg for fertilization and agrees to arrange for the adoption of a child after childbirth.
3. Surrogate mother- a woman who agrees to carry, give birth and subsequently abandon a child conceived using the material of genetic parents.

In some cases, 2 people participate in surrogate motherhood: a man providing sperm and a woman providing an egg, carrying and giving birth to a child, but not claiming to raise him, that is, agreeing to give up parental rights. In other words, the genetic and surrogate mother are the same person.

Such situations occur if:

• in a married couple wishing to have a child, the woman cannot become an egg donor due to infertility;
• the foster mother is absent, the child wants to have a single father or a homosexual couple.

In Russia similar practice prohibited. It is legally approved that a surrogate mother should not be an egg donor.

Common stereotypes

Surrogacy faces many ethical issues. His criticism is based on several ideas. First, the child begins to be regarded as a commodity that has value. This situation is exacerbated when the surrogate mother is unwilling to sign a waiver of the newborn, without increasing the previously approved cost of the service.

Secondly, surrogate motherhood can be seen as a way of exploiting women. And, thirdly, the intervention of an outsider in marriage - the conception and bearing of a child - undermines the sanctity of the union (religious point of view).

More justified fears are related to the fact that surrogate motherhood psychologically traumatizes a woman who has to give up a child she has carried and born. And although at the beginning of the procedure, most surrogate mothers are convinced that they can easily part with a newborn, in practice this is far from always the case.

But despite all the criticism, surrogacy remains in demand among infertile couples. For them, this method is the only way to bring up genetically own child. WITH psychological side This procedure is similar to a normal adoption.

According to supporters of surrogate motherhood, it is not an example of the commercialization of childbearing, but is based on cooperation and a desire to help. Exploitation in this case does not occur, a woman who decides to become a gestational courier is rewarded financially for this and receives moral satisfaction from the fact that it benefits and makes other people happy.

Advantages and disadvantages

The advantage of surrogate motherhood is obvious - an infertile couple has the opportunity to raise a biologically native child. And this is the main point of the procedure. Another plus can be called the fact that a woman carrying a baby receives both material and moral rewards: she earns a fairly large amount of money and makes happy people who do not have other opportunities to become parents.

But surrogate motherhood also has its downsides. This method of conception, gestation and birth is not natural and therefore can cause psychological problems for both the genetic parents and the attracted woman.

The couple has the same problems as with the usual adoption of a child: the feeling that he is not native, the absence or lack of love, affection. Surrogate mothers, as already noted, experience a sense of loss when parting with a newborn.

Also, the disadvantages of the procedure include difficulties in selecting a surrogate mother and legal registration all possible nuances: complications at the stage of conception, gestation or childbirth, unwillingness to sign a waiver of the child.

For more than 9 months, future parents are in tension, as they cannot influence the course of pregnancy. In addition, the procedure itself is not only lengthy, but also financially costly.

What is the cost of surrogacy?

The cost of such a service can be different, on average it ranges from 1 to 3 million rubles. To minimize the risk medical complications and legal problems, surrogate motherhood should be registered in trusted companies. They control all aspects of this process.

The amount of the procedure will be fixed, in case of serious complications at any of the stages or the unwillingness of the surrogate mother to abandon the child, the couple will receive compensation and a refund.

The following paid services are most often listed in the contract with the medical center:

• monthly payments to the surrogate mother throughout the entire period of gestation;
• payment for a complex of medical procedures necessary for the collection of material, conception, pregnancy and childbirth;
• payment of housing rent for a surrogate mother, if she lives in another locality;
• salary compensation when a married couple does not want the woman to work during the period of embroidering a child;
• childbirth reward.

There is also related surrogacy. In this case, a relative of the husband or wife bears a baby for the couple, sometimes free of charge.

What are the requirements for surrogate mothers?

Not every woman can become a surrogate mother. The list of requirements looks like this:

• the woman must voluntarily agree to participate in the procedure;
• her age must be at least 20 and not more than 35 years;
• it is important that she has at least one born healthy child;
• the woman herself must be healthy physically and mentally.

Also, future parents often indicate in the requirements positive rh factor surrogate mother's blood. In order to confirm the absence of diseases, she is prescribed an ultrasound of the pelvic organs, fluorography and a number of laboratory examinations: both general and to detect infections.

It is also necessary to consult a psychiatrist, narcologist, therapist. If after comprehensive survey there are no contraindications to pregnancy, then the candidacy of a surrogate mother is documented.

In what cases do they use the services of surrogate mothers?

Surrogate motherhood is indicated in the case of infertility of a married couple, in which it is impossible to conceive, bear a child or give birth. You can enumerate a list of such situations:

• the woman has no uterus congenital pathology or surgery;
• deformed cavity or cervix, as a result birth defects development or past illnesses;
• inside the uterus there are adhesions that cannot be eliminated;
• There is serious illness internal organs, not allowing to endure and give birth to a child;
• were previously unsuccessful attempts artificial insemination, despite receiving high quality embryos.

How is everything going?

The process of carrying a child by a surrogate mother consists of several stages:

1. Preparation. For successful implantation of the embryo, the endometrium of the uterus of the surrogate mother must be mature. To this end, with the help of hormonal drugs, the doctor synchronizes the cycles of two women (donor and gestational courier).
2. Diagnostic. Spouses and a surrogate mother undergo a full range of examinations, including different kinds laboratory tests, ultrasound of the pelvic organs, consultations of a general practitioner, gynecologist, andrologist, genetics.
3. superovulation induction. According to the scheme, the genetic mother is injected with hormonal preparations, and several eggs at once become ready for fertilization. This is necessary to obtain more material and the possibility of selecting the highest quality embryos.
4. Collection of sperm. A man by masturbation collects material for the fertilization of the egg.
5. Follicle puncture. Through the vagina or laparoscopically, eggs are retrieved from the ovaries of the genetic mother.
6. Fertilization. The eggs and sperm are placed in a Petri dish and kept in the incubator for 12 hours.
7. Cultivation of embryos. Fertilized cells develop within a few days in a special medium (preparation). At this time, the embryologist observes the development of embryos and separates the most high-quality, viable ones.
8. Embryo transfer. A surrogate mother is injected with liquid with embryos (no more than 3) into the uterine cavity using a catheter. After this procedure, the woman takes hormonal preparations with progesterone for successful implantation of the fetal egg.
9. Evaluation of IVF results. 3 weeks after the introduction of the embryos into the uterine cavity of the surrogate mother, pregnancy is confirmed by ultrasound.
10. Gestation and childbirth. Pregnancy management in surrogate motherhood requires more careful monitoring by the gynecologist, since the likelihood of complications is higher. Childbirth takes place in the standard mode.

Rights of biological parents and surrogate mothers

After the birth, the surrogate mother signs the rejection of the child, and his biological parents formalize the adoption. These items should be written in the contract for the provision of services. According to the Family Code of the Russian Federation, a surrogate mother has the right to refuse to transfer a child genetic parents. Then her data is indicated in the birth certificate and she cannot demand any alimony and other payments.

Unfortunately, in such cases, it is very difficult to protect the rights of a married couple; payment for surrogacy services at the level of the Law is not provided. In this regard, some medical centers, engaged in the provision of this service, guarantee compensation and a full refund, if the woman who carried and gave birth to the child decides to keep him.

According to the law, a surrogate mother can find out in advance about all aspects of the procedure, including external data and the nationality of the genetic parents. But personal information about donors and the fact of IVF is a medical secret.

Surrogacy allows infertile couples to have a biological child. However, this procedure is not natural, and therefore is criticized. In Russia, surrogacy is officially allowed and regulated by several legislative acts.

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Modern reproductive science has given childless couples the chance to raise a genetically related child. However, an insufficiently clearly defined contract can cause conflicts between the surrogate mother and the biological parents. They are rightfully worried about whether a surrogate mother can refuse her obligations.

Legal basis of surrogate motherhood

In Russia, surrogacy is a completely official and legally provided service, which is regulated by several laws and legislative acts.

Legislative framework for surrogate motherhood:

• Family code
• Order No. 107n dated August 30, 2012 of the Ministry of Health of the Russian Federation "On the procedure for the use of assisted reproductive technologies, contraindications and restrictions on their use"
• Federal Law "On the basics of protecting the health of citizens in the Russian Federation"
• Federal Law "On acts of civil status"

To avoid problems and conflict situations the biological parents usually enter into a legal contract with the surrogate mother. True, even he does not give an absolute guarantee and a negative answer to the question of concerned biological parents about a surrogate mother: can she take the child for herself?

The consent of the surrogate mother to record the child with the biological parents in the book of birth records must be recorded in writing. It is worth knowing that after a perfect record, you cannot refer to these circumstances if a situation arises with challenging motherhood. When registering a child in the registry office, documents confirming the consent of the surrogate mother to transfer the child to the parents are presented.

Can a surrogate mother change her mind after that? No, according to Art. 52 part 3 of the Family Code, after the registration of the child, only officially registered persons can be considered his parents. In case, even if the surrogate mother after that tries to defend her parental rights in court, according to legal experts, the likelihood of her victory is doubtful.

Possible reasons for the surrogate mother's refusal to fulfill the contract

There are usually only two main reasons why a surrogate mother may change her mind about giving a child to genetic parents.

Both reasons depend on the human factor:

• Psychological instability ( emotional condition woman bearing a child)
• Fraud by a surrogate mother who tries to blackmail married couple fee increases, changes in conditions, etc.

Unfortunately, it is impossible to predict everything. There is always a risk that a surrogate mother (even one with a stable psyche) will refuse to transfer the child to biological parents after childbirth (according to the current legislation of the Russian Federation, the baby is transferred to the father and mother only after the mother has officially refused him).

There are cases (and they are not isolated) when it seems to a pregnant surrogate mother that she will easily part with the baby, but during the nine months of gestation and subsequent birth, the emotional perception of the situation by the woman in labor changes dramatically.

Can a surrogate mother not give up a baby: a legal point of view

Although the legislation of the CIS countries and Russia is considered quite liberal for the world legal practice, the legislation of the Russian Federation still cannot boast of a systematic approach that solves the potential problems of substitute motherhood and closes loopholes for fraudulent actions against parents. All articles, acts and orders only partially regulate the existing phenomenon.

In order to neutralize the legal force of the reasons (which are described above) for which a surrogate mother can refuse to comply with the contract with impunity, it is necessary to highest level accept a pre-registered surrogacy program. Lawyers believe that such a law or normative act could cover all aspects of the phenomenon in full - from signing an agreement on voluntary cooperation to obtaining a birth certificate. However, no such document has yet been developed.

Gaps in the law can make biological parents a target for blackmail.

Considering the fact that only a surrogate mother can give consent to the parents of a child registering genetic donors, this is a loophole for possible abuse on her part. For example, a woman in labor may demand an amount higher than that prescribed in the contract. At the same time, in litigation the court usually takes the side of the mother who carried and gave birth to the child. That is, the court can leave an already registered child with a mother who received legal payment from her parents, but then changed her mind. In this case, people risk being left without a child and a substantial amount due to the lack of a separate law protecting parents from the dishonest actions of a “changed mind” surrogate mother.

This situation arises due to the fact that the legislation does not consider the baby as the subject of a transaction (that is, the subject of the contract), therefore it is quite difficult for an outside couple to prove the right to a child.

Now the legal contract remains the main governing document, which is between a childless couple and a potential surrogate mother. It is this agreement that becomes the foundation for resolving disputes and conflicts after childbirth.

What to do if the surrogate mother doubts whether she will be able to give the child away?

IN similar cases it is worth enlisting the support of competent lawyers and going to court, since cases regarding substitute motherhood are considered only there.

The probability that the child will be returned to the woman who carried it is reduced to the maximum if the contract is initially drawn up correctly, and the consent of the surrogate mother (in writing, of course) has already been obtained for the parents to register donors of biological material.

However, due to the fact that the child cannot legally be the subject of the contract (like any living person in modern world in the absence of a slave system), then the transfer of rights to it also cannot be guaranteed one hundred percent - neither by lawyers nor by the courts. Therefore, a small fraction of the likelihood that the court will take the side of the surrogate mother is still preserved in the current legislative realities.

How to prevent the situation with the refusal of the surrogate mother to give up the child?

As described above, the legal rights of a surrogate mother to a child are primary. Therefore, in order to avoid unpleasant situations potential parents should take care of proper legal support of the entire process– from conception to registration already born baby(legal support is not limited to drawing up an agreement between the surrogate mother and biological parents), and, of course, right choice surrogate mother.

It is unlikely that parents will be able to carefully choose the potential mother of their future baby using the method of independent search - the risk of becoming victims of scammers and swindlers or not recognizing a psychologically unstable person is too great. Only a qualified company that has been operating in the field of substitute motherhood for many years can ensure proper compliance with both conditions.

The contract is the most important part of the process, which helps to prevent the risks of a surrogate mother's unforeseen refusal to transfer the child to the parents. There are so many nuances in such a delicate matter that the standard form of the contract in practice can turn into problems in the future if the case goes to court. Therefore, it makes sense to seek help not just from general lawyers, but from experts with experience in the field of surrogacy.

Since the stipulation in the contract of a clause on the obligation of a woman in labor to transfer the rights to a child to biological parents will not be valid in court (read above about the reasons for this), lawyers recommend going the other way. The mother's temptation to leave the child can be significantly reduced by prescribing sanctions for non-compliance with the terms of the contract No court can challenge them.

For example, you can specify that in case of refusal surrogate mother transfer the child to donors, she loses the right to a fee for her services. An even tougher method is to add to this a clause that the surrogate mother will be obliged, in addition to deprivation of the fee, to compensate her parents in multiples of the costs of supporting her during pregnancy and childbirth. To determine the exact amount of compensation, you must first enter into the contract the exact amounts that the parents plan to spend on medical care for the surrogate mother during pregnancy and childbirth and other expenses that both parties of the process consider necessary.