Legislation in Russia
Surrogacy is allowed in
The main legislative document regulating all the ART procedures, including surrogacy, is “Fundamentals of Legislation of
The main document regulating ART practice in
Still, the above mentioned documents determine mostly medical aspects of the process and do not regulate legal relations between participants of the treatment. Regulation of these relations becomes especially important in surrogacy program.
These relations are regulated by the Family Code of Russian Federation (1995), first of all by its chapters: 48 (Establishment of the child's origin), 51 (Recording of the child's parents in the Book of Birth Registrations).
The Chapter 51 of the Family Code “Recording of the child's parents…” determines the order of the registration of the child's parents. In the contest of this Chapter we are interested first of all in the paragraph 4, that says: ” A married couple that has given an informed consent for the transfer of their embryo in the uterus of another woman (surrogate) may be registered as the child's parents only with consent of the surrogate”.
Paragraph 4 relates to the situation, when an embryo is transferred into the uterus of a woman who bears and delivers a child not for herself, but for an infertile couple.
The Family Code of Russian Federation proceeds from the common principle, according to which the mother is the woman that has delivered the child. Therefore the Family Code recognizes the possibility of registering the infertile couple that has consented to their embryo transfer in the uterus of another woman, as the parents of the child only with consent of this woman (the surrogate).
The Family Code does not foresee a period, during which a surrogate may give her consent. This period is determined as a time established by Civil Position Acts Legislation for Birth Registration in the corresponding institutions. Today, according to the Instruction about the order of Civil Position Acts Registration in
Consent of the surrogate should be formulated in the written form and certified by a notary.
The legal basis for this consent is an agreement between a couple and a surrogate that has to be signed before IVF procedure may start. This process, as well as all the next steps, is supervised by a lawyer.
The following documents are required for a married couple undergoing ART treatment in surrogacy program (not dependent on the fact of the both being genetic parents of the child or not) to be registered as the child's parents by the Institution of Civil Position Act Registration:
- Letter from the Clinic/Hospital the surrogacy program was accomplished in.
- Letter from the hospital the delivery has taken place in.
- Consent of the surrogate, certified by a notary.
All the above mentioned details are usually supervised by a lawyer.
A clinic dealing with ART treatment is not allowed to participate in agreement between a couple and a surrogate. The role of our clinic in surrogacy program includes:
1. Recommendation of a lawyer.
2. Organization of surrogacy bank.
3. Treatment process.
The surrogacy program may start only after agreement between an infertile couple and a surrogate is signed and certified by a lawyer.
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