BiH will have the most rigorous law in the region: What is forbidden to couples who can not have children?

BiH has no law or is the most rigorous

In the era of 'white plague', domestic legislatures do everything to make 17 percent of couples, as estimated to be currently struggling for posterity, are more likely to make their dreams come true.

While all the countries in the region, as far as possible, regulate medical-assisted fertilization in law, there is not a single law in BiH to date, either at the state level or at the entity level, which would regulate this area and help couples struggling to become parents.

The situation should soon be changed in the FBiH, where the Draft Law on Infertility Treatment with Biomedically Assisted Fertilization awaits parliamentary procedure. However, what he brings is a number of prohibitions.

It is therefore not allowed to donate biological material by third persons (heterologous fertilization), which is the only option for couples where both are infertile, and the surrogate motherhood is prohibited, and any donation of tissue full of embryos and the like.

Perhaps the worst of all of this Draft are penalties, if these injunctions are violated. Couples would have to be criminally responsible, which, in the situation where they are, are the worst that could happen to them.

Thus, the violation or non-enforcement of these regulations would range from 250 to 15,000 marks, while the violation of the provisions related to the surrogate motherhood foresees a sentence of three to ten years in prison.

For non-existence of law, as always, politics is responsible, in the face of constant interference, but also of the religious community.

Namely, in 2014, the Islamic Community of BiH and the Catholic Church announced that they would not support this law, and the biggest problem was their surrogate motherhood, as well as providing opportunities for artificial insemination for extramarital couples. Serbian Orthodox Church did not even then, and now did not make any public statement.

For now, things in B & H look like this.

There are also clinics for medically assisted fertilization in the Federation of BiH and in the RS. Despite the non-existence of laws, in RS this is defined with several bylaws, but there are no laws. Nevertheless, women in the RS have the right to two free attempts, while in the FBiH, no attempt is made for free. The price of the procedure is about 6,000 KM.

Although the concept of surrogate motherhood does not exist in BH. legislation, the interest in this type of medically assisted fertilization is quite pronounced, as evidenced by numerous requests addressed to the Center for Human Reproduction and Gynecological Endocrinology at Cantonal Hospital Zenica.

According to Prim. dr. Ermina Čehica, mr. sci., chief of the Center, despite many requests that they had, the Ethics Council of the hospital refused all requests. "We've been trying a long time to get a law on assisted fertilization. Unfortunately, all previous attempts have failed and what will happen in this field in the near future is difficult to predict. I think that, since many couples struggle against infertility, surrogate motherhood was a very good way to get a long desired progeny, but then the whole set of laws should be changed. For example, the current legislation stipulates that the mother should be registered in the birth register immediately after birth, and in this case the substitute mother would be registered as a real mother, "Čehić explained, adding that this field, apart from the legal, is also a major moral dilemma for religious community in our country, and that it is therefore a very sensitive area with which, unfortunately, more and more couples in our country carry.

In the unfavorable position, those women and couples who are in need of a full-blood cell donation in order to get a baby will also remain in the future. Thus, they will continue to be forced to donate to the Czech Republic, Macedonia, Hungary, where donor egg cells can be purchased for 3,400 euros, while spermatozoids cost about 200 euros.

MACEDONIA

Of all the countries in the region, Macedonia was the longest in regulating this area. Here, in July of this year, the first baby of a surrogate mother was born, almost three years after the adoption of a law allowing a surrogate motherhood. Surogat's mother was a forty-four-year-old woman. Otherwise, according to the Law on Surrogate Mothership in Macedonia, a surrogate mother can be a woman from 25 to 50 years old, who has at least one of her children, must be a Macedonian citizen, a good psychic and general health condition.

The right to a surrogate mother has a married couple, citizens of Macedonia, in situations where a woman has an inborn lack of uterus or anomalies on the womb that prevent her from remaining in a state of rest.

The concept is based on a model that provides for the payment of certain costs of surrogate mother, and they are paid on a monthly basis and can not be higher than the average salary in Macedonia.

• 22 Apr, 2018
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