Surrogacy in Russian Law: Acute Changes and Contemporary Challenges
Abstract
The article outlines very recent significant amendments made to the Law “On the Basics of Citizens' Health Protection” concerning the regulation of surrogacy as a method of treating infertility. These changes touch upon several highly contentious aspects, sparking heated debates regarding the reasons for, justifiability of and fairness of such amendments. This article analyzes the main changes, their actual consequences, as well as legal and medical commentary, providing an assessment of the new regulations and identifying the most contentious and problematic associated issues. The authors conclude that while the changes are justified in a number of practical circumstances, they give rise to a host of difficulties and uncertainties in the legal field and have a negative impact on the implementation of surrogacy programs. A destabilizing factor is the judicial practice that developed prior to the amendments and now objectively contradicts them. The main problem requiring attention is the surrogate mother’s legal liability. It is the most sensitive subject that has no special regulation following the changes discussed. In conclusion, the authors argue that although the Law "On the Basics of Citizens' Health Protection," is rather detailed, a special law on surrogacy should be introduced, to include contractual liabilities. Keywords surrogacy, requirement of genetic relatedness, prohibition of combining donation and surrogacy, citizenship of participants in surrogacy programs, surrogate mother legal liability You can access the full article if your institution is subscriber. You can log in via your Institution https://heinonline.org/HOL/Welcome If your Institution is not subscriber and want to request a quote for the article, please visit the site below: https://home.heinonline.org/content/medicine-and-law/ If you are an individual interested in downloading a few documents or receiving short-term access, please visit our short-term subscriptions page. You can purchase 24-hour, 48-hour, or 1-week access to select HeinOnline databases. https://home.heinonline.org/request-a-quote-or-trial/?database=Medicine+and+Law