ON PROCEDURE OF INDUCED ABORTION INITIATED BY SURROGATE MOTHER AS A METHOD OF PROTECTING HER PHYSICAL INTEGRITY FOR THE PURPOSE OF ARTICLE 22 OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Today, the Constitution of the Russian Federation provides for the need to protect motherhood and childhood, which guarantees the use of particular forms of reproductive technologies, including surrogacy. However, the concept of noninterference in the sphere of the physical wellbeing of a woman carrying a child that is genetically alien to her is not regulated in Russian legal acts. The technology of surrogacy involves the implementation of the impact on the surrogate mother’s body, which is associated with the placement of the genetic material of intended parents. Therefore, it is necessary to establish whether the surrogate mother can adjust the health limits of her body by resorting to artificial termination of pregnancy. The reasons that allow a surrogate mother to terminate a pregnancy on her own initiative are revealed. The author investigates the reasons for the artificial termination of pregnancy by a surrogate mother with regard to the interests’ evaluation of involved parties. The forms of behavior of intended parents, indicating neglect of the physical condition of the surrogate mother, are established. A period has been specified when the surrogate mother has the right to refuse to participate in this medical technology. The author considers the termination of pregnancy by a surrogate mother as a way of protecting her physical existence. To specify the conditions under which this manipulation is permissible, it is necessary to adjust the contents of the Federal Law “On the basics of public health protection in the Russian Federation”.