Russia is one of the few lucky countries where surrogacy is allowed by law.
The legal aspects of surrogacy are stipulated by the Family Code of the Russian Federation and the Russian Law on the Population Healthcare. The medical aspect of surrogacy is spelt out in Order 67 issued by the Russian Ministry of Healthcare.
The so-called Russian legislation ‘gaps’, the issues that are not clearly spelt out in the Russian legislation, include such issues as:
Unmarried couples’ right to surrogacy;
Single infertile women’s right to surrogacy;
Single men’s right to surrogacy.
The evident drawback of the Russian legislation is that the surrogate is not obliged to give her consent on putting the intended parents’ names on the baby’s Birth Certificate and thus she can keep the baby.
Speaking about other countries, we can single out several groups here:
Countries where the law allows surrogate and reproductive programmes (including commercial ones):
- The USA (most states);
- South Africa;
- Ukraine.
According to the new Ukrainian law, the intended parents are automatically put on the Birth Certificate as biological parents without the surrogate’s consent.
Countries where surrogacy is allowed by law but on a non-commercial basis only:
- Australia;
- The UK (only the surrogate’s expenses coverage is allowed);
- Denmark (with numerous restrictions);
- Israel;
- Spain;
- Canada;
- The Netherlands (surrogacy ads, information on surrogate mothers placements are prohibited);
- Some US states (New Hampshire, Virginia).
Countries where surrogacy is prohibited by law:
- Austria;
- Germany (these are the doctors and mediators that are punished, not intended parents or surrogates);
- Norway;
- Sweden;
- Certain US states (Arizona, Michigan, New Jersey);
- France.
Countries where surrogacy has no law regulation but exists:
- Belgium;
- Greece;
- Ireland;
- Finland.