Artificial insemination law sparks heated debate

A draft law allowing artificial insemination was
discussed in the Azerbaijani parliament on Friday, but it did not
pass the first reading following heated discussions.
The bill entitled, On Reproductive Health and Family Planning,
stipulates that women, as surrogate mothers, after being
inseminated by a designated father on the basis of an agreement
reached and a subsequent birthing of a child, are required to give
the newborn infants to their foster parents.
Musa Guliyev, deputy chairman of the parliamentary commission on
social policy, argued that such a law would be a reasonable way to
assist those married couples who are unable to have children due to
infertility. In 2007, 410 children were born in Azerbaijan
following artificial insemination. According to Guliyev, a total of
3,000 Azerbaijani couples have contacted various clinics regarding
the procedure, however, only 25 per cent of them have been able to
undergo the insemination due to its high cost.
The lawmaker went on to say that 2,000 Azerbaijani divorces
occurred in 2007 due to infertility reasons.
A total of 972 families adopted children last year, while dozens
more await a child.
Saying that sterility is a problem of global proportions, Guliyev
said that 15% of families were affected by it worldwide.
In Azerbaijan, he said, the rate is 13%. "50% of such cases result
from female infertility, while 30% are caused by men and the
remaining 20% by both partners."
Guliyev also said the number of early abortions had risen in
Azerbaijan in recent years. Last year alone 1,420 women aged 17-18
had an abortion. These women may face the threat of infertility in
the future, he said.
Guliyev further explained that the reason for such a high rate of
early abortions was a lack of proper family planning.
Ilham Mammadov, a member of parliament who is a medical doctor by
occupation, also supported passing the law on artificial
insemination, saying it would serve to improve the health of
citizens.
"There is a great need for this in the country…Today, a number of
people infected with AIDS and other hereditary diseases are unable
to have children. To solve the problem, there is an opportunity to
use reproductive technology."
The lawmaker added that every woman of legal age is allowed to use
artificial insemination or other options to become pregnant. This
right, he said, is guaranteed in a number of laws already passed in
the country.
According to Mammadov, some Azerbaijani couples travel abroad to
take advantage of artificial insemination, incurring considerable
expenses.
Some lawmakers opposed the bill, saying the measure runs counter to
national and moral values, as well as ethics and religious
customs.
MP Jale Aliyeva said some of its provisions are new for Azerbaijan
and would not be accepted by the public. "As a result of artificial
insemination, children from unknown parents will be born, which
will cause problems in the future."
Aliyeva emphasized that in the United States, for example, children
who were conceived using artificial insemination are aged up to 25
years and many of them are looking for their biological parents. An
organization uniting these people has even been set up in the US,
and this problem may emerge in Azerbaijan in the future, as
well.
Aliyeva also claimed that such children run a high risk of
contracting in-born diseases. For instance, 44 of the children
conceived through artificial insemination in Russia in 2007 were
born with a variety of illnesses.
Aliyeva cited another consequence of artificial insemination. "For
example, in one of the foreign countries, a man acted as a donor 42
times a year. The same thing may happen here. We have to take into
account that Azerbaijan is a small country. A boy and a girl born
from the same donor may come across each other in life and start a
family. This could cause serious consequences," Aliyeva warned.
MP Guler Ahmadova said laws on artificial insemination have not
been passed in many countries, though a blind eye is being turned
to artificial insemination in those countries.
According to Ahmadova, countries that actually adopt the law impose
certain restrictions on the use of reproductive technologies. For
instance, using artificial insemination for commercial purposes is
prohibited. Moreover, being employed in surrogate motherhood as a
profession should be banned, and a woman should be allowed to be a
surrogate mother only once. Furthermore, if a child is born sick,
his future support should be regulated by the law, while any
possible differences between the surrogate mother and the
biological parents are to be resolved by legal means.
Wrapping up the debate, Parliament Speaker Ogtay Asadov said the
discussions were very contradictory, therefore the issue should be
made available for public discussion. Considering this, Asadov
suggested that deliberations on the bill be put off until the
spring session of the Milli Majlis. Until then, the draft law will
be reviewed and improved in the standing parliamentary commissions
on legal policy and state-building, and on human rights, and again
be submitted to the legislature for consideration.
The speaker`s suggestion was accepted by the MPs.
Sheikh opposes bill
The reproductive health bill is "unfairness and a major war against
Azerbaijan", chairman of the Caucasus Clerical Office (CCO),
Sheikhulislam Allahshukur Pashazada told a meeting of the Clergy
Council on Tuesday.
The Sheikh said the CCO was mainly against artificial insemination
reflected in the draft law. "Putting the issue on discussion in the
Milli Majlis contradicts the Islamic religion and the Muslim
faith."
Pashazada said the CCO, jointly with the State Committee for Work
with Religious Organizations, would forward an official letter to
parliament in this regard.
According to him, many lack knowledge on what is behind applying
the practice in the country. "Artificial insemination may cause
other nations and people of other creeds taking hold in Azerbaijan,
which runs counter to the Azerbaijani state, national and moral
values."
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