THE PROBLEMS OF ESTABLISHING THE Parentage OF CHILDREN who WERE BORN WITH THE USAGE OF SURROGAcy

The establishment of origin of children who were born with the usage of surrogacy is considered. Based on the analysis of doctrinal, normative sources and the materials of judicial practice weaknesses and gaps in the legal regulation of establishing the origin of a child born to a surrogate mother are revealed, and proposals aimed at their elimination are formulated. In addition, it is noted that the complexity of these issues are based on ethical, religious, social issues and imperfection of the legislative framework. The concepts of “origin of the children”, “surrogacy” are examined. The view is expressed that the requirement of submission in case of state registration of birth on application of the spouses, who gave consent to implantation of embryo to another woman for gestation, some documents issued by the medical institution confirming the fact of receiving the consent of the woman who gave birth to a child (surrogate mother) is necessary, since mentioning those parents as parents not only violates the rights and legitimate interests of those persons, but also of the child. The attention is paid to the problem of determination of the subject structure of persons entitled to use the services of a surrogate mother. The gaps are shown in the legal regulation of establishing the child’s origin in case of death of intended parents or a surrogate mother. In addition, the need for establishing requirements for persons involved in the surrogacy program is indicated, the same as adoptive parents have. These provisions will meet the interests of children.

parents, children, surrogacy, gestational surrogacy, surrogate mother, intended parents, consanguinity, parentage of children, the state childbirth registration