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Home » Archive » The Legal Regulation Of Surrogacy In Russia

Ekaterina Mouliarova
The Legal Regulation Of Surrogacy In Russia
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Reproductive technologies and surrogacy can be seen as a new legal knot for Russian law. Being at the intersection between constitutional, family, civil, administrative and tax law, surrogacy creates a real problem for the legislator. Moreover, surrogacy practices are strongly interrelated with moral issues and cultural patterns. This article deals with some aspects of the complex issue of surrogacy. It focuses on developments in Russia in particular, and discusses them from the perspective of public comparative law. The article examines how Russian law, Russian jurisprudence and Russian morals and ideology are dealing with the new legal phenomenon of surrogacy. It argues that legal principles should be harmonised and clear legal priorities should be set in order to ensure the appropriate level of protection of the best interests of the child, parties in national and international surrogacy contracts, and the interests of public order. The article starts by briefly introducing some essential aspects of new reproductive technologies and surrogacy and the notions involved together with a brief comparative review of the international legal regulation of assisted reproduction. It then turns to the current situation in Russia, discussing legal definitions and such issues as surrogacy contracts, the legal position of the child, parental rights, registration of the child and disputes over parental rights. The level of legal certainty and human rights standards in surrogacy arrangements are pressing issues in the legal regulation of surrogacy. To illustrate this, the article refers where possible to related case law. Finally, it touches on ethical issues and the ‘morality’ of surrogacy arrangements, discussing the ideological underpinning of public discourse on surrogacy in Russia.

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