The paper presents the main problems of legal regulation of surrogacy in the Russian Federation. One of the main problems of this direction is the legislative deprivation of the rights of single men to paternity by means of this method. According to the current legislation, namely Federal law № 323 of article 55 of paragraph 3 and 9, the right to surrogacy is held by either a man and a woman who are married or a single woman who cannot bear or give birth to a child for medical reasons. According to the Constitution, all rights and freedoms of citizens are equal, so it is illegal and unfair to deprive unmarried men who want to have offspring as much as women and have every right to be good fathers. In addition, for the treatment of female infertility developed a variety of auxiliary medical reproductive technologies, a number of which should be used in the work with the «strong» half of humanity pre-creating the necessary legislative framework that allows for all the necessary medical manipulation. The paper presents data on fertility, mortality, use of IVF and surrogacy in the United States of America. A comparative analysis of U.S. statistical data with official Russian statistics. The issue of adoption was touched upon, as in 2011 fewer children were born in the United States from surrogate mothers, which may be due to the popularity of adoption and guardianship. The arguments that focus on the need for timely legislative solutions to legal issues of surrogacy are presented.