On the Need to Expand the Legal Regulation of Surrogacy Relations in Russia

Abstract

The subject of the study is the regulatory and legal provisions of the Institute of surrogacy in the Russian Federation. The object of this research is the concept and essence of surrogacy as a method of assisted reproductive technologies in accordance with the current legislation of the Russian Federation. The methodological basis is represented by a set of methods of scientific cognition of objective legal reality applied in the course of preparation and writing: comparative analysis (also known as the comparative legal method), as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling. The sharp drop in the birth rate in Russia in 2022 exacerbates the issue of the early legislative establishment of legal mechanisms that have not yet been used by the Russian state, but which are quite capable of assisting Russian citizens in the use of assisted reproductive technologies, overcoming infertility and, ultimately, in the exercise of their conventional and legal rights to create a family and procreation. The author conducted a sociological observation based on the materials of websites specializing in informing citizens about assisted reproductive technologies, identified the most typical problematic and conflict situations in the relationship of potential biological parents and potential surrogate mothers, made conclusions and suggestions to eliminate the identified problems from social practice. In particular, it is concluded that it is necessary to organize departments at maternity hospitals specializing in monitoring the condition of surrogate mothers and their implementation of medical recommendations, including compliance with the pregnancy preservation regime.