Shamraeva I.L. —
The peculiarities of legal regulation of surrogacy
// Law and Politics. – 2019. – ¹ 8.
– P. 140 - 148.
DOI: 10.7256/2454-0706.2019.8.30520
URL: https://en.e-notabene.ru/lpmag/article_30520.html
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Abstract: The subject of this research is the set of principles and rules of civil, family and other branches of law regulating surrogacy in the Russian Federation. The author analyzes the case law established in this field, explores the scientific publications that point at the issues of legislative regulation. Attention is turned to the fact that the reproductive technologies require more accurate regulation in order to avoid difficulties in establishing the status of children born through surrogacy contract. It is demonstrated that the current legislation does not fully protect the interests of the newborn, surrogate mother and biological parents, and needs improvement. Moreover, the State Duma of the Russian Federation introduces the fundamentally different draft laws, which either are aimed at regulating surrogacy (bill of the State Duma Deputy S. S. Murzabayeva), or outlaw it altogether. The scientific novelty consists in the fact that based on the analysis of legal regulation of surrogacy and civil peculiarities formed in this field of legal relations, the author formulates and substantiates the changes and amendments to current legislation, which would specify the type of surrogacy contract, determine the legal status of a surrogate mother and potential parents, as well as set of rights and responsibilities of the parties.