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Kutafin Law Review (Юридический журнал имени Кутафина)  / №1 2016

LEGAL ASPECTS OF SURROGACY CONTRACTS (176,00 руб.)

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Первый авторMorozova Svetlana
Страниц6
ID468302
АннотацияThis 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
Morozova, S. LEGAL ASPECTS OF SURROGACY CONTRACTS / S. Morozova // Kutafin Law Review (Юридический журнал имени Кутафина) .— 2016 .— №1 .— С. 204-209 .— URL: https://rucont.ru/efd/468302 (дата обращения: 29.04.2024)

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198 NOTE OF SURROGACY CONTRACTS Svetlana Morozova (Russia) LEGAL ASPECTS Author Alumnus of the Kutafin Moscow State Law University, 2015 Email: cbina@yandex.ru Abstract This article concerns relevant issues and important aspects of surrogate motherhood. <...> Lately practice deals with many disputes when surrogate mother doesn’t return a child to parents or demands to increase contract’s price. <...> 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. <...> 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. <...> Keywords Surrogate motherhood, extracorporeal fertilization, voluntary participation, biological parents protection, surrogacy contract DOI: 10.17803/2313-5395.2016.1.5.198-203 www.kulawr.ru Volume 1 April 2016 Issue 1(5) KUTAFIN UNIVERSITY LAW REVIEW Svetlana Morozova Contract for the Provision of Surrogate Motherhood: Legal Problems 199 The surrogate motherhood is an accepted fact in a modern society.1 Somebody faces with the problem of conceiving and giving a birth to a child in a natural way, but most of the women want to feel happiness of motherhood and give birth by her own. <...> Contemporary medicine science takes an opportunity of using extracorporeal fertilization when a woman carries an embryo conceived by stranger’s sex cells. <...> Such interference with the physiological process entails both legal consequences and legal conflicts. <...> Surrogacy emerged in 1981 in the United States of America when the first successful program of extracorporeal fertilization was implemented. <...> Under Russian Family Code neither spouses who gave a permission for the implantation of embryo to another woman nor a surrogate mother have a right to dispute a motherhood and fatherhood, referring to the circumstances linked to surrogate motherhood, after a registration of parents in the register book of births. <...> Surrogate mother could be a women from 20 to 35 who has got at least <...>