Russia remains one of the providential countries where surrogacy is permitted by law. The legal aspects of surrogacy are stipulated by the Family Code of the Russian Federation and the Russian Law on the Population Healthcare. The medical aspect of surrogacy is revealed in Order 67 issued by the Russian Ministry of Healthcare.
The evident drawback of the Russian legislation is that the Surrogate Mother is not obligated in giving consent for the Intended Parents’ names on the birth certificate. This is where the legal contract serves protection to the Intended Parents as correct contracts and agreements should include all the details of the parental privileges and birth certificate issues in advance.
The Healthcare Act No. 5487-1 Article 35 ‘Artificial Fertilization and Embryo Implantation’ states:
- -Any major woman of the fertile age is entitled to the right to artificial fertilization and embryo implantation
- -Artificial fertilization and embryo implantation can be carried out in medical institutions that have obtained a license for medical practice with written consent of parents (or of a single woman)
- -Any information concerning artificial fertilization or embryo implantation, as well as the donor’s name are confidential and constitute a medical secret
- -Woman entitled to the right to be aware of the procedure of artificial fertilization and embryo implantation, of medical and legal consequences, of the genetic examination results, of the donor’s appearance and ethnic origin. All this information must be provided by the doctor in charge.
The right to Surrogacy- a couple must have certain prescriptions. In Russia, anyone who is willing to turn to surrogacy is supposed to have specific indications set up by Order 67 of the Ministry of Healthcare of the Russian Federation On appliance of ART in male and female infertility treatment.
- -absence of uterus (congenital or acquired);
- -uterine cavity or cervix deformity due to congenital malformations or diseases
- -uterine cavity synechia, which cannot be treated
- -somatic diseases contraindicating any child bearing
- -repeatedly failed IVF attempts
The marital status or nationality of legal parents is not important. In Russia, single parents are entitled to the right to surrogacy.
The legislation allows rights to Surrogacy for all major women of fertile age if she has appropriate medical indications, even if she is not officially married or is not in a relationship. The Russian law protects the right of any woman to her right to motherhood.
If a woman desires to become a Surrogate Mother, she must be between 20 to 35 years of age (in Ukraine she can be up to 40). She must also have a healthy child of her own, be mentally stable, and agree to take part in a surrogacy program.
In Russia the National Health Plan pays for 5% of all the cycles in the country and 10% of IVF cycles.
Egg Donor is Russia must be under the age of 35.
Sperm donation, egg and embryo donation are all introduced in Russia for infertile couples. ICSI is used. PGD (Pre implantation genetic diagnosis) is allowed but only implemented for translocations and single gene disorders.
Donor sperm is quarantined for 6 months and re-examined for STDs. Donor must be healthy, screened for HIV, Hepatitis B, and C and between the age of 20 to 40.
Fetal reduction is allowed in Russia.
Surrogate maternity and Surrogacy has become more wide-spread means of treating infertility in Russia. Surrogacy acquired the legal status from the Russian Federation in 1995 and is helping millions of prospective Intended Parents from all over the world.