ԵՐԵԽԱՅԻ ԻՆՔՆՈՒԹՅԱՆ ՀԱՍՏԱՏՄԱՆ ԵՎ ԾՆՆԴԻ ԳՐԱՆՑՄԱՆ ՀԻՄՆԱԽՆԴԻՐՆԵՐԸ ՓՈԽՆԱԿ ՄԱՅՐՈՒԹՅԱՆ ԻՆՍՏԻՏՈՒՏՈՒՄ / MAIN PROBLEMS OF CONFIRMING A CHILD'S IDENTITY AND BIRTH REGISTRATION AT THE INSTITUTE OF SURROGATE MATERNITY

Abstract

A person's lack or loss of identity can seriously impact their sense of selfidentity, well-being and sense of belonging. The multiplicity of factors in the identity of children in matters of surrogacy is especially important and it is necessary that all elements associated with establishing the identity of the latter and registering the birth are preserved before and after birth. A child’s right to identity is not only a right in its own right, but is also closely linked to the realization of other rights, such as child development, family cohabitation, etc. To meet these standards, all identification information must be stored accurately and transparently, including agreements on surrogacy. Although surrogacy changes the constituent elements of identity, severing the connection between genetic, gestational and social origins, the fundamental rights of the child remain the same. From the child's point of view, genetics, pregnancy and the exercise of parental responsibility are among the constituent elements of the child's personality. Thus, the right to identity is independent of the circumstances of the child's birth and any subsequent discriminatory practices. Any identity issues that may arise in the short or long term should also be part of the assessment and determination of the best interests of the surrogacy. Given the importance of identity issues, which can be legal, medical and/or psychosocial in nature and have a key impact throughout life, it is equally important to include this consideration in any surrogacy arrangement. Therefore, the article discusses the issues of the child’s right to identity confirmation and birth registration in the context of surrogacy.