The Federation Council is in favor of creating a clearly formulated and adapted regulatory framework capable of ensuring the institutional development of surrogacy in Russia.
The problems of infertility and in-vitro fertilization as the most advanced modern reproductive technology are increasingly becoming a subject of discussion at the most diverse professional and social levels, not least because of the uncertainty of the legal relations of participants in the surrogacy program.
The inconsistency of a number of regulatory documents makes it obvious that there is a need for detailed legal regulation of this area of relations, in particular, regulation of the legal status of their participants.
In accordance with paragraph 2 of Art. 17 of the Civil Code of the Russian Federation, the legal capacity of a citizen arises from the moment a child is born, which means that a human embryo, not being a subject, is not entitled to legal protection. At the same time, some legislative acts, for example, Art. 1163, 1166 of the Civil Code of the Russian Federation and Art. 218 of the Tax Code of the Russian Federation, enshrines the rights of children in the state of intrauterine development to receive tax payments and inheritance. Meanwhile, Federal Law No. 143 of November 15, 1997 “On Acts of Civil Status” contains only a description of the procedure for registering the birth of a child from a surrogate mother, but does not define the legal status of the parties to the relationship.
Obviously, guided by this discrepancy and based on considerations of social and humanitarian justice, a group of senators composed of: Valery Ryazansky, Elena Bibikova, Alexander Varfolomeev and Tatyana Kusayko took the initiative to equate all categories of Russians who can become parents through surrogacy.
According to the current legislation, the origin of children, certified in the manner prescribed by law, is the basis for the emergence of the rights and duties of parents and children. Such a procedure is the state registration of birth, as a result of which the child’s origin becomes a legal fact and gives rise to legal consequences.
Now only the married husband and wife have such a right, and then they must first get the written consent of the surrogate mother.
In accordance with the proposed changes, the right to register children born to surrogate mothers will be granted to common-law spouses and single mothers.
The draft law was submitted by senators in May 2018. The document, as amended, was considered at a meeting of the State Duma Committee on Family, Women and Children on October 9 this year. It is planned that in the first reading the bill will be considered by the State Duma before the end of the autumn session.
Surrogate motherhood is a complex of complex social relations aimed at solving the problems of infertility, and therefore on the effective development of the national demographic policy. The fragmented nature of the law in this area, the unresolved legal status of the parties to the relationship and the inadequacy of the definition of the requirements imposed on them create a legal vacuum conducive to the occurrence of conflicts.
Based on "Parliamentskaya Gazeta"