Advantages and disadvantages of the legislation on surrogacy in Ukraine, Belarus and the Russian Federation

Ukrainian legislation

Every adult capable woman who has her own healthy child has the opportunity to participate in the surrogacy program in the absence of medical contraindications. Also, when getting married, the consent of the spouse is required.

There is no special legislative base for this niche in Ukraine. This issue is regulated only by the decision of the Ministry of Health, which states that the right to commercial ART is available in Ukraine, but the rights of surrogate mothers are not regulated. The legislation on surrogacy contains a minimum amount of restrictions for both Ukrainians and foreign citizens.

The main provisions of the family law of this niche:

1. Order of the Cabinet of Ministers No. 787;
2. Item 7 of Article 281 of the Civil Code of Ukraine;
3. Item 2 of Article 123. of the Family Code of Ukraine.

A number of restrictions and prohibitions highlighted by the legislation:

• The ability of a genetic mother to carry and give birth to a baby without the intervention of ART;
• Gender surrogacy;
• Non-compliance of the surrogate mother with medical conditions;
• Participation in the program for unmarried couples.

Belarusian legislation

The Republic of Belarus has a decent legal framework regulating the activities of ART with the help of the following legal acts:

• The Civil Code;
• The Code of the Republic of Belarus on Marriage and Family;
• ART Law No. 341-3;
• Resolution of the Council of Ministers No. 1454;
• Resolution of the Ministry of Health No. 54;
• Decision of the Constitutional Court No. P-673.

In Belarus, participants of the surrogacy program can become:

1. Heterosexual married couples who have appropriate medical indications for the use of ART;
2. A single woman who cannot bear and give birth to a child due to medical reasons. But a single parent must have a genetic connection with a child born with the help of surrogate motherhood.

The Belarusian legislative framework also defines many requirements and conditions for surrogate mothers: this should be an exclusively married woman aged 20-35 years without medical contraindications, who has her own child, is not suspected or accused in a criminal case, has not been convicted of committing a serious, especially serious crime against the person, has not been deprived of parental rights by the court and is not limited in them.

Russian legislation

Federal Law of the Russian Federation No. 323-FZ is the basic law on ART on the territory of Russia.

The activity of a surrogate mother can be realized both on a commercial basis and free of charge. The issue of cost is decided on an individual basis and is not subject to legal regulation.

The beginning of the surrogacy program will be preceded by the conclusion of a contract with the legally fixed interests, rights and obligations of the surrogate mother and genetic parents. It is impossible to terminate this agreement unilaterally if the parties comply with their obligations.

Duties of a surrogate mother, defined by the current legislation:

• The process of timely passing of medical examinations;
• Exact compliance with the recommendations of doctors;
• Full provision of reliable data on the health status of the baby at the request of the genetic parents;
• Unconditional transfer of the baby to the genetic parents within the period specified by the contract.

Obligations of genetic parents in relation to a surrogate mother, defined by the current legislation:

• Providing cash payments for the maintenance of a surrogate mother during pregnancy;
• Payment for medical components: conducting examinations, meetings with a psychologist, buying medicines prescribed by a doctor;
• Providing a surrogate mother with housing and conditions important for a comfortable life and a calm pregnancy;
• Payment of remuneration to the surrogate mother after the end of the contract.

Important: there has been a change in the procedure for registering newborns and obtaining a birth certificate for children born with the help of ART. Single women and couples who are not officially married can carry out the procedure of registering a newborn child with the help of ART only on the basis of a court decision with the necessary documentation package.

The procedure for registering the birth and obtaining a birth certificate of a child born using assisted reproductive technologies, including surrogate motherhood, has changed!

Conclusions

The Russian Federation has a fairly loyal legislation in the niche of surrogate motherhood, but there is still the possibility of various excesses, because the contract on surrogate motherhood does not have reliable guarantees of its implementation. This unpleasant situation also occurred in the Frolov family with the participation of surrogate mother Tatyana Suzdaleva. Even after the court ruling in favor of the spouse, the surrogate mother continued the process of litigation for a year due to the desire to keep the two boys for herself and protect them from their biological parents.

So the advantages of Ukraine and the Republic of Belarus in this industry are obvious: health, accuracy and cleanliness of local girls, a loyal legislative base, a high level of medical services and services, optimal cost distinguish these countries among the leaders.

After studying and analyzing the data provided, it can be concluded that Belarus, as well as Ukraine, can become potential global centers of surrogacy.