The ban will not be. The State Duma rejected a bill to ban surrogacy

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The ban will not be. The State Duma rejected a bill to ban surrogacy

At the meeting of the State Duma Committee on Family, Women and Children on July 6, a bill, sponsored by member of the Federation Council Anton Belyakov, was rejected.

Surrogacy in Russia was tried to be banned repeatedly:

  • In 2013, the Patriarch of Moscow and All Russia Kirill spoke out against surrogacy: “You cannot go against Divine law. Because only the Divine law is absolute. In it is the fullness of wisdom and mercy ";
  • In 2015, Elena Mizulina, who at that time was the deputy chairperson of the State Duma for constitutional legislation and state building, proposed prohibiting surrogacy. Elena Mizulina expressed the need to equate surrogacy in the Criminal Code of the Russian Federation to human trafficking.

In March 2017, Senator Anton Belyakov submitted to the State Duma a bill banning surrogacy in Russia. According to Mr. Belyakov, “Russia is gradually turning into a kind of tourist Mecca” for those who want to get a child with the help of a surrogate mother. The author of the bill also believes that “surrogacy is a gross violation of the rights of the child, first of all - to personal and family identity and specific communication with their mother associated with such.”

The explanatory note to the bill stated that until Russia develops a “new, integrated approach to the institution of surrogacy”, which “equally protects the rights and interests of children, surrogate mothers and potential parents”, it is necessary to prohibit surrogacy in Russia.

Olga Okuneva, First Deputy Chairman of the Head of the Duma Committee, representing United Russia, categorically disagreed with this opinion and pointed out that the Russian legislation has already “spelled out and adopted”, which allow “to settle this issue”.

RAHR President Vladislav Korsak, one of the most prominent Russian reproductologists. called this bill “obscurantism”. The Russian Association of Human Reproduction (RAHR) has previously sent an official letter to the State Duma on behalf of all members of the association with harsh criticism of the bill and numerous appeals from patients in support of surrogacy.

Konstantin Svitnev, head of the Rosyurconsulting company and the Center for Reproductive Law and Ethics, called this “exotic” bill “a threat to Russia's demographic security” and said that it had no chance of becoming law because of its contradiction with the current Constitution of the Russian Federation and the complete legal ignorance of the author.

The Legal Division of the State Duma also submitted a negative review of the bill, stating that if the bill is passed, “the rights of children whose parents prior to its coming into force agreed to implant a surrogate mother’s embryo, as well as the property rights of individuals."

The Legal Division of the State Duma stated with all certainty that a ban on surrogacy as an institution cannot become the basis for “developing a new, integrated approach to the institution of surrogacy”.