Teenage pregnancy is a major social and economic problem in most countries of the world. According to the United Nations Population Fund, every year more than 7 million adolescents in the world experience pregnancy ending in childbirth.
When working with pregnant minors, practicing obstetricians and gynecologists are often faced with not only medical, but also social and legal aspects of teenage pregnancy. Despite the relatively high prevalence of teenage pregnancy in modern society, obstetricians-gynecologists, especially primary care, often do not have sufficient knowledge in this matter, make mistakes that entail both a violation of the rights of pregnant adolescents themselves, and problems with authorities and law enforcement that arise at a medical institution due to non-compliance with the law Russian Federation in the field of protecting the rights of minors.
Considering the above, familiarization of the general obstetric community with the legal framework of working with pregnant adolescents seems extremely important.
Every woman, regardless of age, has the right to independently decide the issue of motherhood. Despite the availability and accessibility modern methods contraception, artificial termination of pregnancy remains a common method of family planning in Russia.
A necessary precondition for performing an abortion operation is the woman's informed voluntary consent, based on information about her state of health, the duration of pregnancy, the possible consequences of its termination, etc., provided by medical workers. It should be noted that currently the only social indication for artificial termination of pregnancy is pregnancy resulting from rape, that is, a crime provided for in Article 131 of the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation), according to paragraph 1 of the Decree of the Government of the Russian Federation of 02/06/2012. No. 98 “On social indications for artificial termination of pregnancy”, the minor age of a pregnant woman is currently not a social indication for termination of pregnancy. Artificial termination of pregnancy for social reasons is carried out up to 22 weeks
pregnancy.
In accordance with the Order of the Ministry of Health and social development RF dated December 3, 2007 No. 736 “On approval of the list of medical indications for artificial termination of pregnancy” (with amendments and additions), the medical indication for artificial termination of pregnancy is the state of physiological immaturity of a pregnant woman before reaching the age of 15 years. In this case, artificial termination of pregnancy is carried out before 22 weeks of pregnancy. In more than 22 weeks of pregnancy, the issue of termination of pregnancy for these indications is decided individually by a council of doctors.
The degree of independence in the decision to carry out an abortion depends on the age of the pregnant minor, as defined in Article 54 Federal Law Russian Federation dated November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation.” To carry out this operation in relation to a minor who has not reached the full age of 15, it is necessary to obtain the consent of her legal representatives (parents or persons replacing them: guardians, trustees, representatives of child care institutions) after providing them with all the necessary information. A pregnant minor under 15 years of age will be required to continue the pregnancy even against her will, unless her legal representatives consent to an artificial termination of the pregnancy. There are situations in life when medical indications there is a need to terminate the pregnancy, despite the desire to keep the child. If the pregnant woman herself or her legal representatives refuse medical intervention, the pregnant minor (and if she has not reached the full 15 years of age, also her legal representatives) must be explained in an accessible form the possible adverse consequences associated with refusal to terminate the pregnancy, the risk to life and health. Refusal of medical intervention in this case is documented by an entry in the medical documentation indicating possible consequences and is signed by the minor (who has reached the age of 15), or her legal representative, as well as a medical professional. In the absence of legal representatives, in pursuance of Article 20 of the Federal Law of the Russian Federation of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”, the decision on the need for emergency medical intervention is made by a council of doctors, and if it is impossible to assemble a council - the directly treating (duty) doctor, who is obliged to subsequently notify officials of the medical institution and legal representatives about this. It also happens that the legal representatives of a pregnant minor insist on carrying out an operation to terminate the pregnancy against her wishes. In this situation, the constitutional principle of physical integrity of the person, prescribed in Article 22 of the Constitution of the Russian Federation, comes into force; in accordance with it, any person has the right to accept independent decisions about actions in relation to your body.
Based on the general meaning of the legislation of the Russian Federation, the consent of legal representatives to artificially terminate a pregnancy, against her will, may be the basis for compulsory surgical intervention only in cases where it is necessary to save the life of the minor pregnant woman herself. A minor aged 15 years or older decides on the issue of termination of pregnancy quite independently on a general basis.
It is very important to note that in all cases when a pregnant minor applies to a medical organization, information about her must be transferred to the police department at the place of registration in accordance with Article 9 of the Federal Law of the Russian Federation of June 24, 1999 No. 120-FZ “On the fundamentals of the system for the prevention of neglect and juvenile delinquency." It must be remembered that sexual intercourse and other acts of a sexual nature committed by a person who has reached the age of eighteen with a person known to be under the age of sixteen, as well as indecent acts against a person known to be under the age of sixteen, fall under Articles 134-135 of the Criminal Code RF. Therefore, despite the contradictions that arise, if necessary, automatically inform the police when a pregnant minor contacts the provisions of Article 13 of the Federal Law of the Russian Federation of November 21, 2011 No. 323-FZ
“On the basics of protecting the health of citizens in the Russian Federation”, a medical institution is obliged to transmit information
about a pregnant minor admitted, and, in controversial cases, the courts almost always recognize the obligation of the medical institution to transfer this information to the police, contrary to the provisions on maintaining medical secrecy.
Obstetrician-gynecologists and neonatologists of maternity hospitals often have to deal with issues of family law. The rights and responsibilities of parents arise as a result of establishing the origin of their child. At the same time, an entry about the parents is made in the birth certificate issued by the civil registry office. Regardless of the age of the baby’s mother, an entry is made on the child’s birth certificate certifying the fact of her motherhood. According to Article 48 of the Family Code of the Russian Federation (FC RF), an entry about the father (including a minor) is entered into the birth certificate on the basis of a joint application to the civil registry office made by the father and mother. There are no age restrictions in this regard, and the consent of the legal representatives of minors is not required. If voluntary establishment of paternity cannot be carried out for some reason, the minor mother has the right to file a claim in court to establish paternity. In this case, minor parents who have reached the age of 14 can act as plaintiffs in court. If a minor parent is under 14 years of age, the plaintiffs in paternity cases are his parents. According to Article 62 of the RF IC, paternity can be established in relation to a minor, but only if he is already 14 years old. Recognition of paternity brings benefits for the child, which include rights to alimony, inheritance, social benefits and the right to support from the father, which guarantees social protection for a child. Interest
and the support of the father - whether married to the mother or not - is of great importance for the development of the child.
Also, according to Article 62 of the Family Code of the Russian Federation (FC RF), regardless of age, minor parents have the right to live together with their child and participate in his upbringing. The UN Convention on the Rights of the Child (Article 9), valid for Russia, speaks of the inadmissibility of separating a child from his parents against the wishes of the latter, unless this is caused by the need to protect the rights and interests of the child. The scope of the rights of minor parents in relation to their child and other rights associated with them depends, firstly, on the age of the parents and, secondly, on whether they are married to each other. From the time of marriage, minor citizens are recognized as fully capable, and minor parents of any age, if married, exercise parental rights independently. According to Article 13 of the RF IC, if there are valid reasons, local government bodies at the place of residence of minors who wish to get married have the right to allow them to get married if they have reached 16 years of age. It is worth noting that the subjects of the Russian Federation have the right to independently establish the procedure and conditions under which marriage may be permitted for persons under 16 years of age, for example, Law of the Moscow Region dated May 29, 1996 No. 17/96-OZ “On the procedure and conditions for marriage in the territory of the Moscow region of persons under the age of sixteen" allows marriage under special circumstances (pregnancy, the birth of a child for persons wishing to marry, an immediate threat to the life of one of the parties) from the age of 14.
If the marriage between minor parents is not registered, and, accordingly, the minor parents are not fully capable, Article 62 of the RF IC determines the age criteria for their independence in the exercise of parental rights. Minor parents have the right to independently exercise their parental rights when they reach the age of 16, and until that time, a newly born child may be assigned a guardian (usually the legal representative of one of the minor parents), who will raise them together with the minor parents. The meaning of establishing guardianship is that, due to incompleteness or lack of legal capacity, a minor parent is not able to protect the rights and interests of his child without the help of adults.
It should be noted that according to Article 35 of Part 1 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), a person can be appointed as a guardian only with his consent. If, for one reason or another, it is impossible to satisfy the request of a person applying for the role of a guardian to appoint him as such, and also in the absence of applicants, according to Article 123 of the RF IC, the protection of the rights and interests of the child of minor parents is entrusted to the guardianship and trusteeship authorities. Disagreements arising between minor parents and the child’s guardian are resolved by the guardianship and trusteeship authorities, which in such cases make recommendations that are binding. When a minor parent reaches 16 years of age, he gains full independence in the exercise of parental rights, and guardianship over his child is terminated automatically, unless the minor parent for some reason does not care about his child. Then the guardianship remains, but its basis changes.
One of the most important moments is the fact that, according to Article 26 of Part 1 of the Civil Code of the Russian Federation, minors aged 14 to 18 years have the right to independently, without the consent of a legal representative, dispose of their earnings, scholarships and other income. Consequently, minor parents of the specified age may be assigned the benefits due to them as citizens with children, and they have the right to independently dispose of these benefits.
A separate problem that maternity hospitals face is the refusal of a minor woman in labor to abandon her child and leave him in the maternity hospital. Russian legislation does not provide for any age restrictions for making this kind of decision. It should be noted that minor parents who are unable to raise their child for some reason, as well as single mothers (fathers), can apply to have their child admitted to the Orphanage for a time. With such a temporary placement of children with parents in the Orphanage, an agreement is drawn up on the duration of the child’s stay there. The agreement also stipulates the participation of parents in the care and upbringing of the child.
If the child is abandoned and the child is left in the maternity hospital, the minor mother is deprived of parental rights in judicial procedure. Deprivation of parental rights to a minor mother does not prevent the child's father, including a minor, from taking him up. In the event of a situation of child abandonment, in accordance with Article 122 of the RF IC, the management of the medical organization where the birth took place transmits information to the guardianship and trusteeship authorities at the actual location of the child.
To adopt a child, according to Article 129 of the RF IC, the consent of his parents is required. The latter then lose parental rights in relation to their child. According to the same article 129 of the RF IC, when adopting a child of minor parents under the age of 16, the consent of their legal representatives or the guardianship authority is also required. If the legal representatives refuse to give consent to the adoption of the child, it cannot be carried out even with the consent of the minor parent. At the same time, the consent of legal representatives cannot replace the consent of a minor parent. Minor parents independently consent to the adoption of their child by other persons only if they are married to each other.
It is necessary to recall that having become pregnant and becoming parents, having acquired additional rights and responsibilities, adolescents retain all the rights granted by law to minor children. Obstetrician-gynecologists, who in everyday practice are faced with this complex category of patients, not only from a medical, but also from a socio-legal point of view, behind whom there are numerous regulatory authorities of the state, must be extremely careful in complying with the current regulatory legal acts of Russian legislation, so that not to violate the rights of minor pregnant and postpartum women and thereby not to create, sometimes very serious problems that can only be resolved in court, problems for your medical institution, and for this you need to know very well the social and legal features management of pregnancy and childbirth in minors.
1 answer. Moscow Viewed 438 times. Asked 2013-07-21 06:33:07 +0400 in the topic “Criminal Law” If the guy is 18 years old and the girl is 17, then will the guy be prosecuted for seducing minors? - If the guy is 18 years old and the girl is 17, then Will the guy be prosecuted for seducing minors? Further
1 answer. Moscow Viewed 1720 times. Asked 2012-06-09 15:43:49 +0400 in the topic “Criminal Law” Responsibility of an adult for cohabitation with a minor - Responsibility of an adult for cohabitation with a minor.
Marriage of minors: what does the law allow?
In Russia, the age of marriage is set at 18 years. However, the law allows for the possibility of marriage at 16 years of age or even earlier. According to Art. 13 of the Family Code of the Russian Federation, if there are valid reasons, local government bodies at the place of residence of persons wishing to get married have the right, at the request of these persons, to allow persons who have reached the age of sixteen to marry. The procedure and conditions under which marriage, as an exception and taking into account special circumstances, may be permitted before reaching the age of sixteen years, may be established by the laws of the constituent entities of the Russian Federation.
Underage Pregnancy Law
Currently, according to Article 54 of the Law “On the Fundamentals of Protecting the Health of Citizens of the Russian Federation” dated November 22, 2011, a minor girl can decide to terminate her pregnancy without the permission of her parents or legal guardians upon reaching 15 years of age. That is, according to Russian legislation, girls can have an abortion without parental consent from the age of 15. If the girl is under 15 years old, she will have to obtain written permission from her parents for an abortion.
Code of Labor Laws (LC RF) dated
It is prohibited to use women's labor in heavy work and in work with hazardous working conditions, as well as in underground work, except for some underground work (non-physical work or work on sanitary and consumer services).
The list of heavy work and work with hazardous working conditions, in which the use of women’s labor is prohibited, is approved in the manner prescribed by law.
New law will allow minors to have abortions without parental consent
At a meeting on Tuesday, the Riigikogu Social Affairs Committee decided to initiate a bill that would abolish restrictions on abortion of minors, since, in the opinion of the Chancellor of Justice, they are contrary to the Constitution.
According to the current Law on Termination of Pregnancy and Sterilization, a pregnant minor cannot have an abortion without the consent of her parents or guardians.
About minor marriages
The number of marriages among teenagers has increased in our country. More and more often, disputes arise on the topic of early marriages in society. Article 13 of the Family Code of the Russian Federation talks about marriages with.
According to this article, marriages with people of non-marital age are determined by special legislative acts of regional local government bodies. Such laws are in force in the capital of our homeland, as well as in other Russian regions.
Rights of a pregnant minor
Today, early pregnancy is no longer uncommon, so the state is trying to take all measures to educate the younger generation and to help underage girls who have become mothers. There are a number of laws for this. Knowing the rights of a pregnant minor is very important. So, what is help for moms, and how can you get it? Teenage pregnancy - why it is dangerous, read further in the article.
Should a medical institution inform the prosecutor's office about pregnant minors?
“The health care institution “Enskaya Hospital” appealed to the court with a statement to recognize the prosecutor’s presentation as illegal. The statement states that on December 13, 2011, the Ensky District Prosecutor's Office issued a complaint to the hospital about violation of the requirements of the law on the prevention of neglect and delinquency among minors. Medical institution was accused of failure to fulfill the obligation to inform the prosecutor's office about the termination of pregnancy in minors under 18 years of age, as well as of helping to avoid criminal liability for persons who committed crimes against sexual integrity.
Hello!!! I want to ask, what will happen to me? I'm 18 full years, a 15-year-old girl got pregnant from me, but she already has a child, but not from me, and is under guardianship. Can we sign without the permission of the guardian, and how can we avoid being jailed?
Answer
In order to avoid criminal liability, you need to marry a minor.
According to Article 134 of the Criminal Code of the Russian Federation, a person who has reached the age of eighteen and who has for the first time committed sexual intercourse with a person who has not reached the age of sixteen and puberty, is released from punishment by the court if it is established that this person and the crime he committed have ceased to be socially dangerous due to the married to the victim.
Important! If the age difference between the victim and the defendant is less than four years, the latter will not be punished with imprisonment for the act committed.
In accordance with Article 13 of the Family Code of the Russian Federation, if there are valid reasons, local government bodies at the place of residence of persons wishing to get married have the right, at the request of these persons, to allow persons who have reached the age of sixteen to marry. The procedure and conditions under which marriage, as an exception and taking into account special circumstances, may be permitted before reaching the age of sixteen years, may be established by the laws of the constituent entities of the Russian Federation. Reducing the marriageable age for persons entering into marriage is referred by law to the competence of local government bodies at the place of residence of persons entering into marriage. The possibility of reducing the age of marriage by more than two years is provided to the constituent entities of the Russian Federation by relevant laws.
The Family Code of the Russian Federation does not provide for the consent of third parties, including parents (adoptive parents, trustees), for marriage. Therefore, their consent or, conversely, objections to lowering the marriageable age have no legal significance, including for local governments. Self-government bodies may lower the age of marriage, taking into account the interests of minors who have reached the age of sixteen, and contrary to the opinion of their legal representatives. But since the minor has not reached the age of sixteen, regional legislation may provide for obtaining the consent of legal representatives. If the girl is about to turn 16 years old, wait and then the consent of the trustees will definitely not be required.
For an abortion by the hand
In Russia, out of 1000 pregnancies, 102 are pregnancies of adolescents from 12 to 17 years old. At the same time, few people “make it to the point of childbirth”: approximately 70% have an abortion, 14% lose a child through miscarriage. The majority—almost 70%—of pregnant teen girls are unmarried.
It is often the parents who initiate the abortion of a pregnant teenage daughter. Shocked by their daughter’s confession, the parents bring their daughter to the clinic almost by force. But, having quickly solved, as it seems to them, an immediate problem and eliminated the “shame of the family,” parents do not take into account the long-term problem: according to statistics, up to 70% of girls who have an abortion at a young age are then unable to get pregnant. And this means there will be no grandchildren.
What to do if an unwanted event has already happened? How can a teenage girl tell her parents about him? How can parents survive the legitimate shock and act based not on emotions, and not on the immediate, but on the genuine, long-term interests of their daughter and the entire family?
How to tell and how to accept
According to the Cabinet psychologist crisis situations for pregnant women Yulia Mytnitskaya, The first and most important thing in this situation for a girl is to accept her pregnancy as a fact and tell her parents about it. It happens that, struck by such news, a girl falls into a stupor, hides from everyone, and then suddenly, for quite some time, begins to act radically, trying to “get rid of the problem” on her own, having read on the Internet or heard enough from her friends. This can be not only harmful, but deadly.
If a girl is afraid to tell her parents about everything, she can call a crisis center for pregnant women, which exists in many cities today. The center’s specialists will help her get her bearings and tell her, literally word by word, how to say “that” in her father’s house.
After a girl tells her parents about pregnancy, task No. 1 for her and her family is to try to understand each other’s feelings. Parents need to see behind their daughter’s “misdemeanor” her pain and fear. Indeed, although the reasons that lead to pregnancy of a teenage girl may be different (a girl can become a victim of sexual violence in the family or outside it, and there are also cases when teenage girls become pregnant on purpose, considering this an “initiation” in adult life), in most cases, finding out that you are pregnant at 13-14 years old is a huge stress. And the main thing for a pregnant girl is not to lose support, protection of her family, and not to lose contact with her parents. She can behave impudently, defiantly, or whatever she wants, but in her heart she is waiting for help.
But it is also important for a girl to understand that telling her parents about her pregnancy is no less stressful. For parents, this news poses a lot of problems, material and moral, which they, as adults, will have to solve. However, a considerable part of the responsibility for what happened to their daughter lies with the parents. According to psychologists, lack of contact with the mother is considered the main reason early pregnancy daughters. Often no one told the girl what was happening to her body at 13-14 years old, what new opportunities and risks appeared. She is defenseless in the face of her growing up, does not know about the intricacies of communication with the opposite sex, responsibility and consequences.
It is important to analyze your relationship with your child and try to protect him from irreparable decisions: succumbing to despair, a pregnant girl can run away from home or commit suicide.
Often the initiators of an abortion of a teenage girl are her parents. But according to statistics, up to 70% of girls who have an abortion at a young age then cannot get pregnant. And this means there will be no grandchildren
The whole family can participate in making decisions about the future child: parents and the future father have voting rights. But the final decision must be made by the pregnant girl. And it is important for her older loved ones to remember that early motherhood is better than late regrets about its absence.
Dad under 16
You should not push the topic of the wedding of your daughter and the child’s father against their will. Conflicts in a couple will not have a positive effect on either the course of pregnancy or the upbringing of the child.
If the future father is also a minor, his parents should find out about the fact of pregnancy. Even if their son is not ready for fatherhood, perhaps they themselves can help and support the mother of their future grandson. If the young father is ready to start a family, then meeting the parents is simply necessary.
If a minor father of a child raises the question of his paternity, he has the right to do so. But it’s not difficult to solve this issue today - there is a paternity test. A minor mother, regardless of age, can submit a joint application with the child’s father to establish paternity to the registry office. Here, even the consent of the girl’s parents (or her guardian) is not necessary. If the young father refuses to submit such an application, then the girl can go to court and demand paternity be established. The only condition: she must be 14 years old. Until this age, such a claim can be brought by her parents or guardian.
If the young mother is a schoolgirl
It is advisable for parents to organize the young mother’s day so that she has time to care for the child, relax and have the opportunity to continue her education.
If the mother is studying at school, it is better to interrupt her studies for a while or switch to home schooling than to expose the girl to constant additional stress. And for those around you, especially students, it is wrong to constantly see a pregnant classmate. After all, this is not the norm for a girl to become pregnant at 13-15 years old.
Forms of support
Courses for pregnant women. Photo: Deacon Andrey Radkevich
You can offer your daughter a partner birth (when someone close to you is present during the birth). This is especially important if the baby's father is not involved in the pregnant woman's life. The birth partner can be a mother or an older friend who has given birth - the choice depends on the girl herself. But don't insist on this.
Courses for pregnant women can be a big help for a girl. At them she will not only learn about the psychophysiology of pregnancy, childbirth, and child care, but will also be in an environment of “like-minded people,” people with similar interests. Such an environment for a girl under stress can become positive. The courses include psychologists who can tell you about the specifics of your situation and get advice.
It is important for the parents of a teenage girl not only to take on part of the worries about her, but also to help their daughter grow up
Every woman initially has a maternal instinct. And if pregnancy occurred before his awakening, he must be awakened by using various options: courses on preparation for childbirth, communication with mothers who are in a state of desired pregnancy or have babies, a trip to children's stores with baby vests and rattles.
And very important: it is important for the parents of a teenage girl not only to take on part of the worries about her, but also to help their daughter grow up, analyze mistakes, learn to overcome difficulties and make independent decisions.
What if you were kicked out of your home?
Sometimes parents, outraged by their daughter’s pregnancy and her refusal to have an abortion, simply drive her out of the house. In this case, you expectant mother there are several exits.
If she is registered in her parents’ apartment, then by law no one has the right to kick her out. Therefore, in this case, you can safely go to the local police officer or call the police - the competent authorities will quickly cool the hot heads of the parents. Guardianship authorities that protect the rights of minors may also be interested in this situation. This legal way return to the apartment.
You can give your parents time to calm down and come to their senses. Most likely, they will very quickly regret their hasty decision and will do their best to look for their expelled daughter. In the meantime, you can go to relatives or friends with whom you can “stay” for a while. There is absolutely no need to tell them about your pregnancy. The main thing is not to turn off the phone in the heat of despair so that parents can call and call back.
My daughter is a minor and became pregnant by a minor. What to do?
An unusual situation occurred among one of the residents of Magnitogorsk. This is what he writes in a post in one of the groups on social networks
Hello, can I consult with you?
My daughter is underage
Got pregnant by a minor
She categorically refuses to have an abortion!
Do you think the boy can be imprisoned, even if it was mutual, or what problems might arise?
Having posted this problem for public discussion, the Magnitogorsk resident received dozens of comments in response. Here are some of them
They won’t go to jail... he’s also a minor, and he didn’t rape your daughter.. On the same grounds as you, this boy’s mother can accuse your daughter of seducing him, a minor, and ask if he’ll be imprisoned for this a girl?
They won’t go to prison. Because they are both not adults. It’s better to let them raise their child. It will be a lesson.
16 years - age consent. If they are 16 or older, then everything is fine.
If you are less than a year old, then run to guardianship and the PDN, resolve the issue that this all happened with the consent of the parents or official guardians.
I see everyone is so correct, and they all had sex for the first time when they were of legal age. It’s not right, of course, but abortion is not a solution either. I have friends who got pregnant at 16, and gave birth at 17, and live happily with the man from whom they gave birth. How are these teenagers different from you? They are the same people as you, only they grew up a little earlier and became parents. My friends also went to school, and after giving birth they studied part-time, and many of them achieved greater success than some of those sitting here discussing other people’s personal lives. This is their life and you have no right to judge and write to whom they give birth there! Better watch yourself.
I became a grandmother at 44 years old, now my grandson is 13 years old, his parents were adults when they conceived, but even now they give us their child and we are very happy all 13 years. We grow, teach, put on shoes and clothes, in short, we help.
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