Kutafin University Law Review


In issue 1 on 2016 year

LEGAL ASPECTS OF SURROGACY CONTRACTS

DOI: 10.17803/2313-5395.2016.1.5.198-203

Author: Svetlana Morozova (Russia)

Rubric: HUMANISTIC VALUES IN LAW

Annotation: This article concerns relevant issues and important aspects of surrogate motherhood. The author examines the feature of contract of surrogate motherhood and analyzes Russian and American practice. Also the article covers surrogate mother’s responsibility for breach the contract. Another problem is a subject of the contract. In reality it is a child. Somebody believes it contradicts moral norms. Lately practice deals with many disputes when surrogate mother doesn’t return a child to parents or demands to increase contract’s price. Unfortunately, there is no decision found for that so far, as well as for some other problems of surrogate motherhood in the world. Unfortunately, Russian Family Code doesn’t contain obligatory terms of the contract in question.Court ruling shows that nobody can put mother who is carrying ones’ baby to a claim to give a child to biological parents. Persons who gave a written consent for implantation an embryo to other woman can formally become parents only upon surrogate mother’s approbation. Author proposes the ways of solution of that problem. It’s necessary to make amendments to Russian Family Code regarding surrogacy contract, to regulate the registration and to establish responsibility for surrogate mother for breach of contract. Also it’s important to somehow protect biological parents.


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Keywords: Surrogate motherhood, extracorporeal fertilization, voluntary participation, biological parents protection, surrogacy contract

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