A ray of hope for parents: law and policy regarding surrogacy begins to change.
The Presnensky Court made a landmark decision (case 2-5398/15) on the claim of the woman who became a mother through surrogacy, and her baby was holding by a surrogate mother. The law and common sense has triumphed – the claim was satisfied, the court held that the child should be passed to the woman who ordered and paid the surrogacy program in one Moscow clinic of reproduction.
In his commentary, director of the law firm "Rosjurconsulting”, Konstantin Svitnev called this decision "the first ray of hope" for Russian parents planning to start the surrogacy program.
“The laws regulating the affiliation of “surrogate” children in Russia are currently not defined correctly and are interpreted in such a way that the interests of absolutely all the parties involved in the surrogacy program are adversely affected – the interests of the biological parents, who can be blackmailed by a dishonest surrogate mother as much as she pleases threatening them that she may keep the baby for herself or could “simply” kill it by interrupting the “surrogate” pregnancy; the interests of the surrogate mother herself, whom the parents, in case they change their mind, can leave without any compensation or allowances because the surrogacy law stipulates that the woman who gives birth to a child automatically becomes its mother; the surrogate mother’s husband, who will be automatically registered as the father of the same child according to the presumption of paternity in force in Russia; and the interests of the weakest and most vulnerable party, the “surrogate” child, whose fate can legally be determined by a woman outside the family, are affected more than anyone else’s .
Every person of sound judgment will agree that it is in the best interests of the child to grow and be raised in and by his birth family being surrounded by loving biological relatives.
The decision made by the Presnensky Court today is a first ray of hope for the infertile Russian citizens who plan to become parents through a surrogacy program and who, until this day, couldn’t feel secure and confident in the fate that would await their future children”.
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