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an article by Rosjurconsulting Director General Konstantin Svitnev, legal expert with the European Society for Human Reproduction and Embryology

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What will change in the legal regulation of surrogate motherhood in Russia?

In November, a round table was held in the press center of the newspaper  “Parlamentarierkaja Gazeta” “What will change in the legal regulation of surrogate motherhood in Russia?” Representatives of the State Duma Health Committee, State Duma Committee on Education and Science, State Duma Committee on Education and Science were invited to participate in the discussion. family issues of women and children, the Association of large families, the party project of the EP "Russia is every child is important" and others.

In March of this year, the Government approved a bill on surrogacy. The document proposes amendments to the Family Code and the Federal Law “On Acts of Civil Status”, which will allow a man and a woman, regardless of being in a registered marriage, as well as a single woman who agreed to surrogate motherhood, to be recorded by the parents of the new child in the birthbook. Such parents will receive legal protection in the event of a possible dispute against paternity or maternity after making entries in the birth register. Recall that Russia is on the list of countries in which surrogacy is officially allowed. However, the rights of the surrogate mother and the biological parents of the child are not secured anywhere else. The family code of surrogacy regulates only partially. At present, only 2 articles are devoted to surrogacy in the Federal Law “On the Principles of the Protection of Citizens' Health in the Russian Federation”

A round table was held on this issue, which took place in the press center of the Parliamentary newspaper, at which such issues as:

- What legal regulation is needed today in the field of surrogate motherhood?

- How can single women and unmarried men take part in the surrogate motherhood program?

- How to protect the rights and interests of the child in this case?

- What should be the requirements for applying for artificial insemination?

- How to resolve issues of affiliation of an embryo in surrogate motherhood?

  and many other aspects of this complex and delicate topic.


One of the authors of the draft law, Chairman of the Committee for Health Protection, Dmitry Morozov, expressed the opinion that it is necessary to conceptually take a new approach to the issue of legislative support for surrogate motherhood, using international experience, to change the format of attitudes towards surrogate mothers.

A member of the State Duma Committee on Health Protection, Tatiana Tsybizova, in particular, said the following:

 “We had a bill introduced by one of the senators, who demanded a ban on this procedure, but we say that we live in the XXI century, that science and obscurantism must be distinguished. The entire medical professional community understands that this is donation, which in 99.9% of cases ends without damage to the donor's organism. If a person donates an organ, it is difficult to say that there is no damage to his health. And in this case, we say that this donation is without prejudice to health. It follows that this is a necessary thing, ”said the deputy.

She also pointed out the main problems faced by the biological parents of a child who was born by a surrogate mother.

“The two most typical tragic situations. The first, when a woman, a surrogate mother, and for medical perception - a donor mother, does not want to abandon the child after the pregnancy process is completed. It is not regulated today. There are laws in other countries that clearly define who has the rights to the child. There is another situation when a woman who goes into surrogate motherhood in order to replenish her budget is disingenuous during pregnancy that the child develops with abnormalities. Today, the contract that is concluded between the surrogate mother and potential parents does not contain any medical presence, and therefore does not contain their responsibility. That is, discussing this topic, we very much insist that it should not be a contract of two or three individuals, it should be a contract that provides a medical presence accompanied by this pregnancy and all the ensuing consequences. ”

In addition, the parliamentarian noted that there is a social problem associated with the perception of surrogate motherhood. The term “surrogacy” itself has a negative connotation. Hence the idea to give a new name to this definition, for example, “donor motherhood”, since technologically this is donation.


This idea was supported by Tatyana Kasayeva, a member of the Duma Committee on Education and Science. In her opinion, the term “surrogate motherhood” is understandable to professionals, but for ordinary people, it cuts off hearing, and suggested calling the woman providing this service a “gestational courier”. “In surrogate motherhood” we hear the keyword “motherhood.” Therefore, it is more legally more correct to change the term.

In addition, the deputy is convinced that you need to take the consent of one of the spouses to conduct the procedure. This will help to avoid difficulties if the couple divorces before the child is born from a surrogate mother and there are disputes about the embryo's identity.

 “Life is very multifaceted. It is very important to secure the consent of one of the spouses on the procedure of surrogate motherhood. Now there was love, we found a surrogate mother, she is pregnant with us, and we are starting to divorce. Which spouse will the child belong to? And in general, who owns the embryo, in our country these issues are not regulated by law. Therefore, the definition of the embryo and its affiliation is also a big and important legal issue, ”said the deputy.

Kasayeva also proposed to introduce criteria for applicants for artificial insemination and believes that it is necessary to establish at the legislative level persons who have the right to artificial insemination and implantation of the embryo. In her opinion, it will save from surrogate mothers who, in search of greater profits, resort to blackmail.

In general, the round table was held in an atmosphere of active, interested discussion and mutual understanding.

Foto - Parliamentskaya Gazeta

Based on Parliamentskaya Gazeta

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