Surrogacy regulation: Trends in international and Russian law

E. A. Torkunova, A. I. Shcherbakova
2022 Moscow Journal of International Law  
INTRODUCTION. This paper reflects the main points and approaches to the international legal regulation of surrogacy. It demonstrates the existing inconsistency in the stances of states concerning this controversial (first of all from the ethical point of view) kind of assisted reproductive technologies, and the resulting contradictions. The current extremely fragmented international legal regulation of surrogacy issues presented in the article illustrates the need of the parties involved in the
more » ... process to develop unified approaches, at least regarding the most commonly encountered issues that would guarantee the protection of human rights and freedoms, especially those of a child. The article also cites the example of one of the most liberal legal systems for surrogacy, the Russian Federation, to discuss an issue that has arisen for the Russian legislator in the practical implementation of surrogacy - the right of single people, especially of single men, to become a single parent under the surrogate motherhood programme in the Russian Federation. The article draws attention to the absence of legal documents regulating surrogacy for single fathers in the Russian Federation, while the existing documents regulating the institution of surrogacy breed a number of contradictions (such documents include: Family Code of the Russian Federation No. 223-FZ of 29 December 1995; Federal Law "On Basics of Health Protection of the Citizens in the Russian Federation" No. 323-FZ of 21 November 2011; Federal Law "On Acts of Civil Status" No. 143-FZ of 15 November 1997; Order of the Ministry of Health of the Russian Federation No. 107n of 30 August 2012 "On the Procedure for the Use of Assisted Reproductive Technologies, Contraindications and Restrictions on Their Use"; Order of the Ministry of Health of the Russian Federation No. 803n of 31 July 2020 "On the Procedure for the Use of Assisted Reproductive Technologies, Contraindications and Restrictions on Their Use"). Analysing current practice, based on existing Russian legislati [...]
doi:10.24833/0869-0049-2022-2-17-38 doaj:3150a519fd804ab3a6fed645b01a87d9 fatcat:f7qummjgc5fy7jhxzpm2kdoqm4