ONE OF THE MOST FREQUENTLY ASKED QUESTIONS CONCERNS THE STATUS OF SURROGACY PROGRAMS FOR SINGLE MEN IN RUSSIA.
The first thing to mention is that it is absolutely legal and ISA LLC has a huge experience on this issue. However, allow me to elaborate.
According to effective Russian legislation, surrogacy is determined as treatment of infertility for all categories of individuals, including citizens and non-citizens.
The Federal Law of Russian Federation No. 323-FZ dated November 21, 2011 "On the basis of the protection of public health in the Russian Federation" does not connect the right of an individual for Surrogacy with his or her marital status. Thus, both married and unmarried couples, as well as single men and women are entitled for surrogacy as the matter of law.
The only condition on which the authorities of the Russian Federation are obligated to officially register the baby born by a surrogate mother and to issue a birth certificate is the notarized consent of the said mother to transfer parental rights on the baby to the genetic parents (or parent). Compliance with this condition is enough to be legally regarded as the parents (or a parent) of the baby (Family Code of Russian Federation, clause 4 article 51).
General principles of the right to have children by all individuals are also protected by the Constitution of the Russian Federation, namely – clauses 2 and 3 of article 19.
Article 7 of the Constitution guarantees protection of both motherhood and fatherhood.
Article 7 of The United Nations Convention on the Rights of the Child 1989, guarantees the right of a newborn to be cared by his or her parents, regardless of the gender and marital status of the parent.
However, due to the fact that civil registration authorities can only interpret the law directly, only married couples can receive the birth certificate right after the delivery of the baby without any additional legal actions. Other categories of individuals, including single men, have to obtain a court decision on the matter. The court issues a decision on the abovementioned grounds, which allows single men and women to proceed with receiving the birth certificate for the baby.
According to the data from the official site of the Commissioner for Human Rights, in 2017, 15 babies were born through surrogacy to single men. Additionally, popularity of gestational surrogacy among singles is rising – in first quarter of 2018 already 12 individuals engaged in a program.