russia . surrogate motherhood

BACK

surrogacy in russia

In Russia Commercial Surrogate motherhood is absolutely legitimate, because Russia is among the few fortunate countries where Surrogate motherhood law allowed. Legal aspects of surrogate motherhood are governed by the Family Code of Russia, basic laws of the Russian Federation on health care. Implementation of the medical component of surrogate motherhood is governed by 67 Order of the Ministry of Health of Russia.

Questions surrogate motherhood in Russia are governed by the following legislative acts:

• Article 51-52 Family Code Russia;
• Article 36 ( "Artificial insemination and embryo implantation) Fundamentals of Legislation on health care from № 5487-1 of 22 June 1993;
• Article 16 of Law Russia number 143-FZ of 15 November 1997 "On acts of civil status;
• Order Ministry of Health of Russia number 67 of 26 February 2003 on the use of assisted reproductive technology (VRT) in the treatment of female and male infertility;
• Family Code Russia and the Federal Law of 15 November 1997 № 143-FZ "On Civil Status Acts" (edition of 31 December 2005).

Under the current Family Code of Russia (from 8.12.95, Section 4, Chapter 10, Article 51, paragraph 4, Part Two): «... those who are married and which gave its consent in writing to the use of artificial insemination or embryo implantation for in the birth of their child as a result of these methods are recorded his parents in the book of records of births. And here are married to a person, which gave its consent in writing to the implantation of the embryo of another woman to his vynashivaniya, can be recorded parents of the child only with the woman (surrogate mother), rodivshey child.

In doing so, Paragraph 3 of Article. 52 Russian Family Code provides that the husband, who in the manner prescribed by law, consent in writing to the use of artificial insemination or embryo implantation on, with no right to challenge paternity invoke these circumstances. Do not entitled to invoke and wife, which gave consent to the implantation of the embryo of another woman, as well as the surrogate mother in defending motherhood and fatherhood after the recording of parents in the book of records.

Accordingly - Paragraph 5 of Article 16 of Law on Civil Status Acts of 15.11.97 N 143-FZ stipulates that if the state registration of the birth of a child on the application of the spouses who agree to the implantation of the embryo of another woman to his vynashivaniya, together with a document confirming is the birth of a child, should be submitted to a document issued by medical organizations, and affirms that the consent of women, rodivshey child (surrogate mother), the record referred to the spouses parents of the child. Thus, Russian law gives preference to a woman - surrogate mother, rodivshey child.

It must be acknowledged that the legislation of many Country's surrogate motherhood perfect. For example, the services of surrogate mothers in Russia could take only officially registered couples, single men and does not have access to assisted reproductive technologies.

For comparison, in Ukraine, parents, in any case, customers will be recognized (Article 123, paragraph 2 of the Family Code) and under the laws of the Republic of Belarus has no legal value, whether future parents in a registered marriage.

Thus, the legal regulation of surrogate motherhood in Russia imperfectly. The main shortcomings of legislation is that the genetic parents powerless, and may be registered as parents only with the consent of urrogatnoy mother, rodivshey child. Such a rule would be relevant in a society where prohibited commercial Surrogate motherhood. But in Russia, where Surrogate motherhood exists solely on a commercial basis, the rule comes into deep conflict with the norms of the Civil Code of Russia.

In Russia, the law does not stipulate the situation after the divorce or the death of their parents until the child is born. Contract awarded, a child conceived but whether it will be entitled to alimony or inheritance? The question lawmakers left open and must believe that the answer is negative: no, the child will not be able to receive content from a parent or failed to become the heir after his death.

By the white stains the law Russia on surrogate motherhood are the following, has not yet found a single decision:

• The possibility of surrogate motherhood programs in pairs, not legally married;
• Use of surrogate mothers in the treatment of infertility among single women;
• Reproductive and Surrogate motherhood for single men.

The main minus existing legislation Russia is that the surrogate mother is not obliged to give their consent to the entry of the genetic parents' parental vynoshennogo as her child and, in principle, can leave the child himself.

BACK to the "Surrogate motherhood"