Abstract

The article identifies and investigates the problems of establishing the origin of children that arise when concluding a surrogacy contract. The question of the origin of children when using surrogate motherhood remains open, but we emphasize that due to the spread of surrogate motherhood, the position that the mother of the child is the woman who gave birth to him has increasingly become questioned. The legislative vision of the situation is revealed, as well as several examples from practice are given, reflecting the pressing problems of Russian legislation in the field of surrogacy. The position expressed by the Constitutional Court of the Russian Federation regarding the determination of the origin of children born through the use of assisted reproductive technologies is mentioned. The example of foreign states and post-Soviet countries is also important. The proposals for improving the legislation are substantiated and put forward.

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