The National Network for Children (NNC) welcomes the efforts of the responsible state institutions and the initiative of the “Ataka” parliamentary group member Mrs. Kalina Krumova for regulating new legal framework for introduction of the new for our country practice for the surrogate motherhood.
Its approval without doubt will create one more opportunity for some people and couples who would like to have children. However we think there are several main reasons for postponing the final approval of the changes:
First of all there’s extremely big risk for violation of the rights of the child who was born by the surrogate mother as well as the mother herself. It’s difficult to guarantee the rights of the child in a situation where the subject of the contract is a human being.
For that reason we insist that in case the legal framework regarding the surrogate motherhood is approved, it should arrange in the smallest details the relationships between the surrogate mother, the child and the person/family who acquire the legal guardianship over the child. This also includes the way the child will take advantage of his/her right to know its origin including as a minimum the way the child was born, the reasons for the choice, right of information about the surrogate mother. The system for consulting such children and families should be also part of the legal regulations.
Secondly, there aren’t yet comprehensive analysis which to show unambiguously how such legal framework ensures the protection and implementation of the human and children’s rights not only in the reproductive possibilities context.
Given the lack of research and the ambiguous world experience, we insist for deeper exploration and public dialogue on the issue within the next few years. In our opinion it would be good to organize studies and visits which to lead to building a bank of knowledge about the surrogate motherhood issues.
Last but not least there are many still outstanding and more obscure from legal point of view issues related to Bulgarian children and families which need to be resolved as a priority and require political attention and commitment. The new legal framework for children and families, the pre-school and school education act, the child and juvenile justice reform, the deinstitutionalization process are themes which concern all children.
Therefore it is necessary the political and organizational resource of the state institutions to be urgently directed towards development of the best possible legal framework allowing effective protection of the rights of all Bulgarian children.
