Resolving common disputes between genetic parents and surrogates in Russian surrogacy arrangements

Background. This article examines the prevailing practice of resolving disputes characteristic of surrogacy agreements, generalising these conflicts and the approaches of Russian courts in the form of representative dispute models. Although the primary focus of this study is on the analysis of current trends and established scenarios for resolving conflicts between the parties to surrogacy service contracts in Russia, the relevant legal relations are, where appropriate, considered within a global comparative context. In particular, the article analyses the exceptional influence of the landmark decision of the Supreme Court of New Jersey in Sterns v. Whitehead, which continues to shape the modern ethical and legal discourse on the civil-law regulation of assisted reproductive technologies (ART) worldwide. The article also addresses the key amendments to Russian legislation governing the provision of surrogacy services, taking into account Russia’s distinctive position in the global reproductive technologies market.

Purpose. The purpose of this article is to examine the legal nature and typical dispute models arising between genetic (intended) parents and surrogate mothers in contemporary Russian practice, and to justify the need for revising the presumption of maternity while eliminating contradictions identified through the analysis of relevant case law and doctrinal approaches.

Methodology. This research combines comparative legal, formal doctrinal, and systemic methods, along with a historical-legal approach to the analysis of court decisions and statutory frameworks.

Results. The study concludes that the outdated doctrine of the presumption of maternity should be repealed, the principle of genetic parenthood should be firmly enshrined in law, and an effective mechanism must be put in place to protect surrogate mothers from the financial and legal risks that arise when intended parents refuse to assume parental responsibility.

Practical implications. The results of the study may inform the drafting and reform of family and civil law provisions, support expert advisory work and legislative initiatives, and contribute to academic courses and legal commentaries on surrogacy and reproductive rights.