Legal regulation of ART in Russia has changed. On January 31, 2012 the CEO of Rosjurconsulting Konstantin Svitnev answered the questions from our website visitors.
On January 31, 2012 the CEO of Rosjurconsulting law firm Konstantin Svitnev answered questions from our website visitors, regarding recent changes in the legal regulation of ART (assisted reproductive technologies) in Russia as contemplated by new law No. 323-FZ “Basic law on health protection of the citizens in the Russian Federation” adopted on November 21, 2011.
Most of the questions concerned the possibility of implementing a surrogacy program for those who are not married officially. Mr. Svitnev pointed out that surrogacy programs in Russia can be implemented regardless of marital status. In regard to single women, the new law stipulates a direct action norm confirming their right to implement a surrogacy program in order to become a mother. The right of unmarried men to become a father through surrogacy programs is implemented in accordance with the analogy of jus (law), i. e. single men do have the right to become fathers through surrogacy if single women have the same right to become mothers using a surrogate. The Russian law contemplates no prohibitions or restrictions in this area.
In Russia surrogacy services can still be used only if there are certain medical indications for that. This aspect concerns women mostly. Men who are willing to resort to a surrogacy program in order to become fathers, may be absolutely healthy. That, however, does not mean the absence of medical indications. The absence of the uterus, which is characteristic for all the representatives of the stronger sex, is an absolute medical indication for a surrogacy program as well. J
A compulsory condition of surrogacy programs in Russia is now a contract between the intended parents and the surrogate. If the surrogate is officially married, she will need to obtain a prior consent of her husband in order to join the program.
The use of surrogate’s oocytes is now strictly prohibited. The surrogate can no longer have a genetic relationship with the child she is carrying.
Sex selection may not be implemented without certain medical indications for that.
Founded in 2003 Rosjurconsulting is the leading Russian law firm specializing in reproductive law, third party reproduction and, in particular, legal aspects of surrogacy.
It is the lawyers of Rosjurconsulting who “discovered” surrogacy in Russia for common-law couples, single and unmarried people, both men and women.
Konstantin Svitnev will continue to keep in touch with our visitors. You can ask the Rosjurconsulting’s CEO a question here or just call a multi-channel (495) 225 5595.
surrogacy.ru Information Service.