Thus, any woman, married or not, with her own or her husband’s consent (in case she’s married) can now be artificially fecundated and have an embryo implanted in specialized medical institutions with a licence and thus become a surrogate or reproductive mother.
Here we should add though, that according to law, surrogacy means carrying a baby only for a married couple (i.e. for people who are officially married at the moment of the embryo implantation). In no way is this baby biologically related to the gestational carrier.
For a married couple to implement a surrogacy programme, they have to obtain certain medical prescriptions. Certain prerequisites should be taken into account when implementing a surrogacy programme.
- Absence of uterus (acquired or innate);
- Uterus deformations;
- Incurable uterus synechia;
- Somatic diseases that could impede pregnancy;
- Numerous IVF failures.
It should be noted that it is not every woman that can become a surrogate. The Russian law states that ‘only those women who have given their consent to participate in surrogacy programmes can become surrogate mothers’.
Here are the requirements for surrogate mothers:
- age 20-35;
- at least one child of her own;
- good somatic and mental health.
Thus, according to law, only woman conforming to the requirements mentioned above can be treated as surrogate mother.
So, according to the Russian law, all other programmes on the basis of reproductive technologies but different from the one described above are not surrogacy programmes. In this case, as we have already mentioned it, it would be better to use terms ‘reproductive maternity’ and ‘reproductive mothers’.
The main problem that might expect biological (intended) parents when they decide to implement a surrogacy programme is that the surrogate mother might decide to keep the baby upon delivery and not to give her consent to put the intended parents’ names on the baby’s Birth Certificate.
To avoid this, we strongly recommend you to consult an experienced lawyer for him or her to make up the correct contract for you. We can cite you numerous examples when a couple fell victim to a surrogate who refused to give up the baby for the intended parents.
As the Russian legislation stipulates that surrogates can keep the babies they deliver, it is vitally important to make up correct contracts and agreements and discuss all the details of the affair in advance. However, even the correct wording of the contract sometimes fails to save the baby.
The thing is that you can only sign a contract that would stipulate the transfer of the civil rights and obligations. You cannot sign a contract of ‘giving up the baby for intended parents’ because a baby cannot act as an object of the contract. The contract you sign only states that you contribute to creating favourable conditions for the period of pregnancy and after it by paying the surrogate a certain remuneration. However, a correct contract should contain an article saying that the surrogate reimburses all the intended parents’ expenses in case she decides to keep the baby.