Surrogacy in Russia has always attracted thousands of child seeking couples over the past many years given the ethical, yet low cost surrogacy options available within the country. Still, being an intended parent, you must know that the country is currently undergoing a war situation with Ukraine so we would advise you to stay put with your plans and decisions regarding surrogacy in Russia.
That said, it’s always beneficial to stay updated and aware about the surrogacy laws in Russia. This way, you can stay prepared for your child seeking aspirations via surrogacy agency in Russia in the near future.
What does surrogacy laws in Russia say?
Currently, surrogacy and its related aspects i.e surrogate mother in Russia, intended parents and agency involved, are governed by Basic law on the Health Protection of the Citizens of the Russian Federation.
• It is a Federal Law that establishes general guidelines for the protection of family and reproductive health in the nation.
• Surrogacy is the sole subject as per Art. 55 that defines the practice and lists the requirements that prospective surrogates must satisfy in order to carry another person's child
• The law only permits gestational surrogacy, making it illegal to perform IVF using the surrogate's own eggs.
• It also mandates the use of a surrogacy contract, though it makes no specific mention of any legal issues that must be resolved.
• The law also specifies the procedure for determining a surrogate child's parentage and parental rights.
• The law expressly and unequivocally states that heterosexual married and unmarried couples, as well as single women, are all eligible to become parents through surrogacy in Russia
On the other side, there is no mention to the laws related to surrogacy for single men in Russia; however, clause 5 of the Russian Family Code states that when there is no direct regulation of a particular aspect in Russian law, an analogy of law should apply. That said, single men have the same legal right to parenthood as married/unmarried couples and women who opt for surrogacy via a surrogacy agency in Russia.
Definition of Surrogacy as per the Russian Federation's Constitution
Men and women in Russia are guaranteed equal rights and liberties, according to the country's highest law. That said, many experts challenged the application of Russian surrogacy laws in 2010 on the grounds that it discriminated against single men.
Moreover, this action led to a landmark ruling by a Moscow court that single men who became fathers through surrogacy have the same legal rights to obtain birth certificates designating them as single parents as married couples and single women.
On the other side, the Articles 51 and 52 of the Russian Federation's Family Code have its own say in regards to surrogacy regulation within Russia.
These articles create the legal framework for identifying and registering children, including those born via surrogacy. According to the articles, the intended parents must first obtain the surrogate's permission in order to be listed as the child's legal parents on the birth certificate. On the other side, the surrogate's name will not appear on the birth certificate.
Surrogate mother rights as per Surrogacy laws in Russia
Few years back, the Supreme Court of Russia finally addressed the biggest concern of all intended parents, which is that the surrogate mother in Russia might decide to keep the child. The court ruled that a surrogate's right to the child she conceived is not an absolute one.
Moreover, surrogate mother in Russia is unable to keep the child she carried. If the intended parents and the surrogate disagree about the child's lineage, the court should consider all the relevant facts, such as the gestational surrogacy contract and any genetic ties, and will resolve the dispute in the child's best interests.
It is crucial to note that this decision has already been implemented in a few cases, the most well-known of which involved a surrogate who chose to keep the twins she carried for a Russian couple via surrogacy agency in Russia. The surrogate's parental rights were terminated as a result of the court's decision in favor of the intended parents.
Final words
In Russia, there is a very strong legal framework in place to control gestational surrogacy. So, being an intended parent, there is no need to worry about unfavorable outcomes or potential difficulties. That said, you must always connect with the best and most reputed surrogacy agency to get along with your child seeking aspirations.
