Features of the Legal Policy of Medical Secret in Relations of Surrogate Maternity

Abstract

The increasing role of surrogate motherhood in the modern world, and the need for the moral and legal adaptation of this institution in the Russian Federation as it`s result, determined the relevance of considering issues related to medical secrecy of subjects of legal relations of surrogate motherhood. The goal was to identify gaps that exist in today's approach to the regime of medical secrecy of the parties in the legal relationship of surrogate motherhood. In the course of the study, conclusions were drawn about the impossibility of fully implementing the human right to medical confidentiality during the infertility treatment procedure by assisted reproductive technologies. This is dictated, firstly, by the need for constant information exchange between potential parents, the surrogate mother and the medical organization, without which the most positive result of the surrogate motherhood procedure can be achieved, secondly, by blurring the medical secrecy of each of the spouses who applied, due to that in this legal relationship they enter as a single subject - the patient. The practical significance of this study: the elimination of one of the gaps in the regulation of the new, one of the most complex in modern legal doctrine, the institution of surrogate motherhood. Conclusion: the concept of medical secrecy in surrogacy has been modified and reflects the rights of participants in these relationships, the rights of spouses to medical secrecy have merged into a single whole on the basis of the general status of the patient in the treatment of infertility using the surrogacy method