Некоторые аспекты правового регулирования отношений суррогатного материнства

Abstract

In the paper, the legal nature of the surrogacy contract is analyzed. It is proved that the familylegal specificity of the studied relations is due to their orientation. When concluding a surrogacy agreement, the will of the persons participating in the relevant legal relations is aimed at providing an opportunity for a married couple to become parents. The main goal of genetic parents from a legal point of view is to establish a parental legal relationship with a child born by a surrogate mother, which fully complies with the norms of family law.

Separately, the requirements stipulated by law for participants in surrogacy relations are analyzed. The author concludes that some of the requirements, such as obtaining the written consent of the surrogate mother’s spouse, seem superfluous, while others, in particular those concerning the age of the surrogate mother, require clarification. According to the amendments made to the legislation, persons whose marriage has been terminated or invalidated can be registered by the child’s parents only on the basis of a court decision and provided that the court does not establish that the said marriage was registered for the purpose of concluding a surrogacy agreement without the intention to create a family. The innovations also include the possibility of establishing the fact of motherhood or paternity in cases of death of a person in relation to a child born by a surrogate mother. At the same time, the law does not specify what will be the legal basis for making an appropriate entry, whether this rule can apply to cases when the deceased spouse does not have a genetic connection with a born child, when donor genetic material is used to create an embryo, whether this rule can be extended to a single woman, as well as to cases of death of both potential parents. It is concluded that the consent given during life to the implantation of the embryo of a surrogate mother by one of the spouses will be a sufficient ground for making a record about him as a parent and in the case of his death before the child is born.