Legal Regulation of Surrogacy in Russia

Rosjurconsulting was founded by Konstantin N. Svitnev in 2003 to specialize exclusively in reproductive law and particularly in its most complicated branch, third party reproduction incl. surrogacy law. We have spent more than 17 years studying every single aspect of it, every legal act concerning surrogacy in Russia and any other country where surrogacy is mentioned in the law. Our lawyers take the most controversial and difficult cases in Russia – and win them in courts, which leads to the new interpretation of existing laws about surrogacy and opens new legal possibilities for all those willing to become parents through medically assisted procreation.

We are a true leader in this area of law and – given our own experience – can tell that the Russian legal framework for surrogacy and medically assisted reproduction is one of the most liberal in the world. Every person who wants to become a parent through surrogacy can make this dream make true in Russia.

Here are some of the most important laws and legal acts that regulate gestational surrogacy in Russia:

1. Basic law on the Health Protection of the Citizens of the Russian Federation, as of Nov. 21st, 2011. 

It is a Federal Law setting general principles of family and reproductive health protection in the country. Art. 55 is fully dedicated to surrogacy where it is explained what surrogacy is and which criteria potential surrogates should meet to carry a child for others. 

• The law allows only gestational surrogacy, meaning that it is prohibited to use surrogate’s own eggs in IVF. 
• It also makes a surrogacy contract mandatory, although it doesn’t specify any legal aspects to be specifically addressed. 
• The law also outlines the process for establishing the origin of a child born by a surrogate and the parental rights. 
• The law clearly and explicitly says that both married and unmarried heterosexual couples as well as single women can become parents through surrogacy. 

This leads to a fair question, what about single men? The law in Russia does not specifically tell anything about the rights of single men to father a child through surrogacy, however, when there is no direct regulation of a certain aspect in a law in Russia, according to the clause 5 of the Russian Family Code an analogy of law should apply. Since it is legal for married/unmarried couples and women to become parents through surrogacy, single men have the same right.

2. The Constitution of the Russian Federation

The supreme law of Russia declares that men and women shall enjoy equal rights and freedoms. In 2010 Konstantin N. Svitnev, Rosjurconsulting C.E.O., challenged existing law applying practice of Russian surrogacy laws on discrimination grounds against single men. This move resulted in a historic decision of a Moscow court declaring that single men who became fathers through surrogacy have the same rights as married couples and single women to get birth certificates mentioning them as single parents. 

As a result of our legal team efforts, the first ever in Moscow, Russia and Europe birth certificate to a single intended father’s name only without mother’s name was issued. 

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

These articles set a legal framework for establishing the origin of children and registering them, including children born through surrogacy. To be listed on the birth certificate as legal parents of the child, intended parents should get first a surrogate’s consent for that. Surrogate’s name won’t be mentioned on the birth certificate in Russia.

4. April, 2017 – A Plenary Session of the Supreme Court of the Russian Federation 

The greatest fear of all intended parents that a surrogate might keep the baby, was finally addressed by the Supreme Court of Russia. The Court ruled that there is no such thing as unconditional right of the surrogate for the child she gestated. She cannot simply keep the baby she carried. If there is a conflict between intended parents and the surrogate regarding the origin of the child, the court should review all circumstances of the case including a gestational surrogacy contract, genetic links  and will solve the case taking into account the best interests of the child.

It is important to mention that this ruling has already had effect in a few cases, being one of the most known when a surrogate decided to keep the twins she carried for a Russian couple. The court ruled in favor of intended parents and the surrogate was relinquished of her parental rights.

There is a very solid legal framework for regulating gestational surrogacy in Russia. There is no need to fear unpleasant consequences or possible complications. Your rights are protected by law and the surrogacy contract professionally drafted by our highly qualified lawyers.