"Without Respect to one's Belly: to give birth to and immediately give away a child - is this possible?"
an article by Rosjurconsulting Director General Konstantin Svitnev, legal expert with the European Society for Human Reproduction and Embryology

"ART Regulation in Russia and Elsewhere"
IV International Congress, Current Assisted Reproductive Technologies Issues: Problems and Solutions

News

13.11.2015

Triumph of a law and common sense.

With the case solution (case 33-30622/2015) the Court of Moscow city upheld the September decision of a court of Presnensky district on resonant case of Mirimskaya against Bezpaliy. Law and common sense triumph - the court upheld the decision delivered a judgment hand over the child to the mother-client of surrogacy program.

In his commentary, director of the law firm "Rosjurconsulting, Konstantin Svitnev called this decision of Moscow city court - "triumph of a law and common sense".

"The surrogate mother doesnt have any genetic or blood relationship with the child she's carrying. She is no more than just a nanny, parents trust their baby for nine months and then she should return their baby back after this period. Now, however, parents-customers of the surrogacy program can be written as a parent only with the consent of the woman, carried their child, the surrogate mother. It is a formal agreement, and only it confirms that the fact of entering a woman into a surrogacy program that child carried by her - not her own. If surrogate mother does not give consent and keep the baby of somebody to herself, however noble words may disguise the kidnapping a child of somebody, there is abuse of right. .
If the surrogate mother does not give her consent to write a parent into the register of births, the birth of a child should be considered in court.
I am sure that with decision making of this truly landmark decision to blackmail and extortion by unfair surrogate mothers will be effectively terminated and the rights of all parties involved in the surrogacy program, and especially children's rights will be protected".

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