PROBLEMATIC ASPECTS OF LEGAL REGULATION OF SURROGACY IN THE RUSSIAN FEDERATION

Abstract

In this scientifi c article, the author examines the institution of surrogate motherhood, the features of its legislative regulation in the Russian Federation, as well as the practice of applying surrogacy contracts concluded in the Russian Federation, and the problems that arise in the fi eld of jurisprudence when using this assisted reproductive technology. The author considers the problem of the legal nature of the surrogacy contract, analyzing various points of view. In the course of the work, the author formulates a conclusion about the need to legally consolidate the contract for the provision of surrogate motherhood services as an independent type of contract. The author also believes that there is a need to assign a simple written form to this agreement, to determine its essential conditions. The author emphasizes the need for a more specifi c defi nition of the subject of this agreement. In the course of the work, the author highlights confl icts of law regarding the recognition of the right to motherhood and paternity when using assisted reproductive technologies, and analyzes judicial practice confi rming this confl ict. The author analyzes the legislation of the Russian Federation in this area, proposing to amend some of its provisions in order to reduce the risk of litigation when using surrogate motherhood.