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Legislation of Russia on Surrogate Motherhood

Federal law of 21.11.2011 No. 323-FZ “On the basis of public health protection in the Russian Federation”

1. Article 55 of the Federal Law “On the Fundamentals of Health Care of Citizens in the Russian Federation”.

This law came into force on 01.01.2012 and implements a number of positive changes in the sphere of surrogacy regulation. Thus, in paragraph 9, the definition of the method is given: “Surrogacy is the bearing and birth of a child (including premature birth) under a contract concluded between a surrogate mother (a woman bearing a fetus after a donor embryo transfer) and potential parents whose reproductive cells are used for fertilization, or a single woman, for whom bearing and childbirth is impossible for medical reasons”. In paragraph 10 of the same article, it is said that “a surrogate mother may be a woman aged from twenty to thirty-five years who has at least one healthy child of her own, received a medical report on a satisfactory state of health, and gave written informed voluntary consent to medical intervention. A woman, who is married in accordance with the procedure established by the legislation of the Russian Federation, can be a surrogate mother only with the written consent of the spouse. A surrogate mother cannot simultaneously be an ovum donor.”

2. Articles 51 and 52 of the Family Code of the Russian Federation.

According to Article 51, “the married persons who have given their consent in written form to the implantation of an embryo in another woman for bearing it, may be written down as the child’s parents only with the consent of the woman who has given birth to the child (of the surrogate mother)”. According to Article 52, “the spouses who have given their consent to the implantation of the embryo to another woman, and also the surrogate mother (the second part of Item 4, Article 51 of the present Code), shall not have the right to refer to these circumstances when disputing the motherhood and the fatherhood after the entry into the Register of Births is made”.

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