Legal Regulation of Surrogate Motherhood Program
Surrogacy regulation in Russia
Surrogacy arrangements in Russia are regulated in compliance with the following effective laws and legal acts:
· Article 55 of the Federal Law "Health protection normative of the Russian Federation"
This law was issued on 01.01.2012. It involves a number of positive changes in surrogacy regulation.
Section № 9 gives a definition of surrogacy: "surrogacy is an arrangement in which a woman bears and delivers a child (including premature births) for a childless couple or a childless person under a contract between this woman (a woman bearing a fetus after the transfer of
donated embryos) and the intended parents or a single woman whose gametes are used for fertilization and for whom pregnancy or childbirth is impossible due to medical reasons. " Section №10 of the same article refers to the fact that "a surrogate mother can be a woman between twenty and thirty-five years, with at least one healthy child of her own, in a good health, who signs an obligatory written informed consent for voluntary medical intervention. A woman who is officially married is allowed to become a surrogate mother only in compliance with the written consent of the spouse. A woman is not allowed to be engaged as both a surrogate and an egg donor in one and the same surrogacy arrangement. "
· Articles 51 and 52 of the Family Code of the Russian Federation
In compliance with Art. 51, "a married couple for whom a surrogacy arrangement is implemented can be registered as the legal parents of the child only after obtaining written consent to it given by a woman who delivers a child". In compliance with Art. 52, "a couple, who gave consent for the transfer of their embryo into a surrogate mother’s uterus (2 part of paragraph № 4 of Article 51 of the Family Code), and a surrogate mother cannot refer to these circumstances after obtaining the Birth Certificate in case of a litigation about parental rights."
· Article 16 of the Federal Law on "Civil Status Acts",
establishes the norms of the registration of a child in a Civil Registry Office: "There is a list of documents necessary for the child's birth registration on the request of the spouses (intended parents): in order to register the intended parents as the legal parents of their child an official confirmation of its birth and the surrogate’s consent to this registration are necessary. "
Order № 107n issued by the Russian Health Ministry in 2012, "The application of assisted reproductive techniques (ART) to treat male and female infertility," which establishes indications for surrogacy in Russia, requirements for surrogates intended parents. Thus, surrogacy in Russia is allowed and regulated by law. Both couples (including common-law marriage couples) and single women who are not able to bear and give birth to a child on their own have a right to become parents through a surrogacy arrangement.
To register the biological parents as a mother and a father of the child in the Civil Registry Office a document confirming the act of birth and a document issued by a medical organization which proves the consent of a surrogate mother to this registration is required. We would recommend the intended parents to turn for legal assistance to a legal department of an IVF clinic or to an independent surrogacy agency.
What are the advantages of legal assistance given by specialized clinics or agencies?
-the contract between the biological parents and the surrogate mother will be elaborated by professional lawyers who have big experience in surrogacy area. The document stipulates the patients’ and surrogate mother’s rights and responsibilities. It will minimize the risk of having any difficulties that may arise from a surrogacy arrangement;
- a surrogacy agency or a legal department of an IVF clinic controls a surrogacy arrangement implementation at all its stages and guarantees high-quality services. The agency selects a surrogate, who meets all the requirements, performs IVF, deals with the traveling arrangements and the accommodation of the surrogate mother up to the delivery, elaborates documents to be signed by the surrogate, solves legal problems of any complexity.
Nova Clinic can offer pregnancy care for a surrogate mother (on the request of the biological parents) and provides assistance in visa obtaining, in booking tickets and accommodating the genetic parents.
Moreover, we are ready to provide an interpreter and a personal driver for the intended parents during their stay in Moscow. Surrogacy regulation in Russia is rather flexible. That’s why citizens of foreign countries where surrogacy is not regulated or prohibited turn to the Russian clinics and surrogacy agencies.
You can book an appointment with a doctor or ask for a consultation calling by phone +7 (495) 22-111-88, via e-mail or through this special form.