Surrogacy is legalized in Russia, but couples can face the number of difficulties after the birth of a child. The legislation doesn’t fully reflect the features and procedure for regulating the field of reproductive medicine, where there are many gaps and shortcomings.
Surrogacy in Russia
No matter what contracts the married couple and the surrogate mother are bound by, the law does not protect the rights of the child’s genetic parents in case the surrogate mother changes her mind after giving birth to the newborn.
In Russia there is a presumption of motherhood: the mother of a child is rightfully considered the woman who gave birth to it, regardless of biological relationship. Of course, after a refusal and violation of agreements, a woman will be left without remuneration, but the spouses will not be able to take their child from her without her consent.
- the law does not prohibit a surrogate mother from proving parental rights to a child in court after years,
- if a woman changes her mind about giving the child, the law will be on her side,
- a child upon reaching the age of 18 can apply for parental rights of the surrogate mother who gave birth to him,
- biological parents have the right to abandon the newborn.
The services of a surrogate mother in the Russian Federation can be used by both married couples and single girls. A surrogate mother has no right to be an oocyte donor at the same time.
Participation in the surrogacy program in Moscow, Russia costs 23,000-46,000 USD. The vague regulation of the sphere of reproductive technologies in Russia is one of the reasons that Ukraine is becoming a center of reproductive technologies for infertile spouses who are looking for a surrogate abroad.
VittorіaVita is a leading surrogacy agency in Ukraine with a lot of years of experience, which offers programs with prices from 36,000 to 50,000 Euros.
Benefits of participating in the program:
- according to the contraсt, the surrogate mother undertakes to give the newborn baby to the parents after giving birth,
- the surrogate mother does not acquire rights to the child, does not have the right to challenge this fact in court,
- the agreement specifies the actions of the parties in the event of force majeure,
- affordable cost,
- spouses can become the legal parents of the child only after permission from the surrogate,
- high quality medical services,
- a wide range of reproductive technology centers with their own databases for surrogate mothers and egg or sperm donors.
Among the disadvantages: single people and gay couples are not allowed to undergo the surrogacy programs.
- a married couple and a surrogate enter into a contract,
- papers for a newborn are drawn up as soon as possible,
- the surrogate mother does not acquire parental rights,
- affordable prices for fertility treatment programs,
- foreign citizens can undergo the programs.
- only married couples have the right to can undergo the surrogacy programs.
On the advantages of using the surrogacy method in the republic:
- girls undergo a strict selection before becoming a surrogate mother,
- parental rights belong to the biological father and mother by law,
- a surrogate mother can be looked for among relatives,
- a contract is concluded between the surrogate mother and the married couple.
- a surrogate mother has no right to be simultaneously an oocyte donor,
- the surrogate mother will have to pay a fine for violation of the terms of the contract.
In 1998, the Law on Marriage and Family was addopted, which made commercial surrogacy to be legal.
- the government annually allocates money for infertile couples for fertility treatment,
- strict requirements are imposed on surrogate mothers in the country,
- by the law parental rights belong to genetic parents, a surrogate mother can keep the child for herself in 2 cases: the spouses abandoned him; death of mother and father,
- institute of Reproductive Medicine of Kazakhstan has created its own base for surrogate mothers.
Among the disadvantages: couples living in a civil marriage and single women are not eligible to participate in the programs.