In Russia surrogacy is widely applied for the treatment of severe infertility forms. Unlike the countries with certain limitations on surrogacy program implementation, the Russian legislation allows surrogacy as well as surrogacy with egg donation on a compensation base.
On this page you can read extracts from the laws and legislative acts on surrogacy.
1. The Federal Law on the “Principles of legislation on health protection of the citizen of the Russian Federation” from November 11, 2011.
Cl. 9 of Art. 55: “Surrogacy is an arrangement in which a surrogate mother (a woman who carries an embryo transferred into her uterus) carries and delivers a child (even if it is a preterm delivery) under a surrogacy agreement concluded between the surrogate mother and the intended parents whose gametes are used in extracorporeal fertilization, or between the surrogate mother and a single woman who is not able to gestate a child due to certain medical indications”.
Cl.10 of Art. 55: “Surrogate mother is a healthy woman aged 20-35 who has her own healthy child and who signed a voluntary consent to a medical intervention. A woman who is married in compliance with the legislation of the Russian Federation can be engaged in a surrogacy program in the quality of a surrogate mother only on the basis of a written consent of her husband. A surrogate mother can’t donate her oocytes for the surrogacy program in which she is engaged”.
2. The Family Code of the Russian Federation
Art. 51: “A married couple of spouses, who gave their written consent to have their embryo transferred into the uterus of another woman to gestate, can be registered in the quality of the legitimate parents of the child only on the basis of a written consent given by the woman (surrogate mother) who delivered the child”.
Art. 52: “A married couple of spouses, who gave their written consent to have their embryo transferred into the uterus of another woman (surrogate mother), as well as the surrogate mother (in compliance with cl. 4 of Art. 51 of the Code) cannot refer to this fact to contest their paternity or maternity after the biological parents being registered in the quality of the legitimate parents of the child”.
3. The Federal Law on “Acts of civil status”
Art. 16 “In order to register of the birth of their child the spouses, who gave their written consent to have their embryo transferred into the uterus of another woman to gestate, must submit a medical certificate which confirms the birth of their child as well as a certificate issued by a medical organization confirming the consent of the woman (surrogate mother) who delivered the child to the registration of the spouses in the quality of the legitimate parents of the child”.
4. Order № 107H of the Ministry of Healthcare of the Russian Federation from 2012 on the “Containdications and restrictions on the application of Assisted Reproduction Techniques”
The Order specifies a list of medical indications to surrogacy, the order of IVF procedure under a surrogacy program and requirements to surrogate mothers.The Ministry has practically finished the elaboration of a draft of a new Order which will substitute the actual one. One of the amendments limits the number of embryos to transfer in the uterus of a surrogate mother (no more than 2 embryos; it is allowed to transfer 3 embryos only on the basis of a written informed consent given by the surrogate mother and the biological mother). The new document will put other limitations on surrogacy program implementation.
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