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Russian legislation protects surrogate motherhood

By August 21, 2015 - 12:17am

Surrogacy is an opportunity for the thousands of couples who are unable to give birth to their own child. However, you may face a number of problems while agreeing on the services of a surrogate mother. The article discovers solutions of every problem. What is surrogacy? Children, organs, genetic material sale or something worse? If you know nothing about surrogacy, you are very lucky.

What is a surrogate motherhood in Russia?

Surrogacy is not a fad, elementary laziness or fear of adverse consequences for the beautiful figure. Some time ago, infertile families could have the chance to adopt a baby. Now the chance to give birth to their own children are real even for those women who have disappointing diagnosis. In all these situations, pregnancy is possible if to plant the fertilized egg of the biological parents (or donors) into the uterus of a surrogate mother.

The child may grow inside another healthy woman, which in this case will not be a genetic mother, but she will only provide the "house" for a baby for 9 months. It is proved that the embryos take root better in the womb of another woman. The probability of pregnancy in the case of more than 30%.

Specific issues of Russian laws

Russia is one of unique countries where the law protects surrogacy. The Family Code and health care laws govern legal aspects of surrogate motherhood. Implementation of the medical component of surrogate motherhood is governed by 67 Order of the Ministry of Health.

Russian Law provides protection of surrogacy at high level in the following cases:

  • The use of surrogate motherhood programs in pairs who are not legally married;

  • Single women use surrogate mothers services for treating infertility;

  • Single men use surrogate mothers services to have their own children.

  • Gaps in Russian legislation

    Naturally, a reliable answer to the question, how many Russian women have become surrogate mothers is inaccessible. Surrogacy in Russia has become popular among young and healthy females from little towns and cities.

    The law issues have not yet been resolved at the state level. Surrogate motherhood is completely legal on the territory of Russian Federation unlike many European countries (Austria, Germany, Norway, Sweden, some US states (Arizona, Michigan, New Jersey) France).

    On the other hand, neither biological parents nor their future children are not fully protected. For example, the law does not regulate who must take care of a child, who was born by a surrogate mother. Ethical issues are not specified in the laws.

    Who can tell what to do in case of divorce of parents, for example, while the process of surrogate mother pregnancy? On the other hand, for example, there is no answer to the question of what to do if a child is born with physical or mental disabilities and biological parents or a surrogate mother do not need that baby.

    Who is to blame and what to do with a child born by a surrogate mother, when the future father dies and the mother refuses to accept the baby?

    Lawyers advise to negotiate carefully and discuss in advance every point of the contract to guarantee fulfillment of the obligations by all parties in case of unforeseen and controversial situations and take into account the penal policy in case any party evades the obligations.


    You can never be too careful. A surrogate mother can become either a savior or a blighter of infertile families. The result of cooperation depends on a proper contract containing every possible trifle concerning the pregnancy process and actions after the birth of the baby.

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