Is surrogacy legal in Russia
A complete guide for the intended parents on
Gestational Surrogacy in Russia
Since 1995, heterosexual couples and single men/women in Russia have been permitted to use surrogacy. In November 2011, the formal law regulating commercial surrogacy and financial remuneration for pregnancy was passed.
Surrogacy is accessible in Moscow, St. Petersburg, Kaliningrad, Vladivostok, and Yekaterinburg, among other major Russian cities. Outside of Moscow and St. Petersburg, you may find low-cost surrogacy options easily.
What do surrogacy laws in Russia state?
- A surrogate mother must be between the ages of 20 and 35. It is not necessary for the lady to be married.
- A potential surrogate must be emotionally and physically sound and have her own healthy children (ages 1-3).
- The intended parents must be unable to conceive children of their own, as determined by a medical examination.
- The intended parents’ marital status is unimportant. Surrogacy can also be used by a single individual.
- Foreigners can participate in local surrogacy programs.
- Surrogates in Russia enjoy parental rights. The surrogate, on the other hand, signs a contract outlining both parties’ rights and their promise to provide the baby to the intended parents. The main fear of surrogates is that the intended parents may refuse to accept custody.
- Surrogate moms cannot be connected to the kid genetically. It indicates that all surrogacy is based on the gestational age of the mother.
Who is eligible to be a surrogate mother?
As stated by the surrogacy laws in Russia, a woman between the ages of twenty and thirty-five who has at least one healthy child has gotten an opinion on a suitable health state, and has given written authorization for medical intervention can become a surrogate mother in Russia.
Medical technology and legal surrogacy practice have advanced in Russia, but legal regulation has to be strengthened. Due to legal loopholes, a conflict between the biological parents and the woman who bore and gave birth to the kid may occur.
Who Are Intended Parents?
A man and a woman who are married to one another and have granted approval for the implantation of an embryo into another woman can be Intended parents, according to the Russian Federation’s Family Code. A single woman can be an Intended parent under the Federal Law “On the Fundamentals of Citizens’ Health Protection in the Russian Federation.”
There isn’t a single mention of a male. In this case, the question is whether a child born by a surrogate mother can be registered if the “mother” column contains a dash.
The probability of a man who is not married being a client for surrogate motherhood is not expressly prohibited by law. On this point, Russian judicial practice is conflicting. The Tushinsky District Court in Moscow, for example, evaluated a man’s claim that two children born to a surrogate mother were his offspring.
The court determined that children’s births should be registered without any information regarding the surrogate mother or father. The lack of a system for documenting the birth and recording the parents of a child delivered to an unknown mother prompted the court’s ruling.
The Smolninsky District Court of St. Petersburg, on the other hand, rendered the opposite ruling, based on the fact that men and women have equal rights and that present legislation does not include express restrictions.
Rights of the Surrogate defined in Surrogacy laws in Russia
In Russia, current legislation allows a preemptive right to abandon a child to a surrogate mother. As a result, the Family Code provides that married couples can only register as parents of a child with the agreement of the woman who gave birth to the child.
According to the Federal Law “On Acts of Civil Status,” it is necessary to submit a document issued by a medical organization confirming the fact of obtaining consent from the surrogate mother, on the record of the specified spouses by the state registration of the birth of a child, at the request of the spouses who have given consent to implantation of the embryo into another woman, simultaneously with the document confirming the fact of the child’s birth.
Court rulings on a conflict between intermediaries who choose a surrogate mother in Russia and people who want to employ the services of a surrogate mother may be found in Russian jurisprudence. The causes vary greatly, ranging from a simple failure to meet their duties to the delivery of an ill child or the inability to conceive despite medical intervention.
How we can help?
At Surrogacy Consultancy in Russia, our professional legal experts will help you in tackling every legal implication during your surrogacy journey in Russia. Backed by years of knowledge and experience, these experts have the ability to guide and consult you during surrogacy.
Connect with one of our client coordinators today for a free consultation!