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Legislation of the Russian Federation in the field of surrogacy

According to the legislation of the Russian Federation, surrogacy is the carrying and birth of a child under a contract between a surrogate mother (a woman carrying a fetus after the transfer of a donor embryo) and potential parents whose sex cells were used for fertilization, or a single woman for whom carrying and birth of a child is impossible for medical reasons.

Surrogacy in Russia in 2024 is absolutely legal and is regulated by the following documents:

  1. Family Code of the Russian Federation (articles 51-52);
  2. Federal Law of November 21, 2011 N 323-FZ "On the Fundamentals of Health Protection of Citizens in the Russian Federation" (as amended and supplemented). Article 55. "Application of assisted reproductive technologies".
  3. Federal Law of November 15, 1997, No. 143-FZ "On Acts of Civil Status" (Article 16);
  4. Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation".
  5. Order of the Ministry of Health of Russia from 31.07.2020 N 803n "On the procedure for the use of assisted reproductive technologies, contraindications and restrictions to their use" with annexes.

In December 2022, in connection with the adoption of a new version of Article 55 of Federal Law No. 323 of 21.11.2011 "On the Fundamentals of Health Protection of Citizens in the Russian Federation" (hereinafter - Federal Law No. 323-FZ), new requirements for surrogacy appeared. The legal features of surrogacy programs in Russia in 2024 are:

  • surrogacy programs are available to single women and married couples who have medical indications for the program, couples in common-law marriages and single men cannot use the program in Russia;
  • the age of genetic parents is not limited, but may be regulated by the internal rules of the IVF clinic;
  • the acceptable age of a surrogate mother is 20-35 years old, it is obligatory to have a child of her own and citizenship of the Russian Federation;
  • both potential parents or one of them or a single woman must be citizens of the Russian Federation (part 11 of Article 55).
  • Sex cells of potential parents (genetic mother and genetic father) who are married are used for fertilization in surrogacy (part 9 of Article 55);
  • the use of donor oocytes in combination with surrogacy is prohibited
  • it is necessary to obtain a reproductologist's opinion based on the list of diseases that allow for surrogacy;

The list of diseases that are indications for surrogacy is also prescribed. Such serious diseases as absence of uterus, heart failure, multiple unsuccessful IVF can be indications (the full list of contraindications to the basic program of assisted reproductive technology is contained in the Order of the Ministry of Health of the Russian Federation dated 30-08-2012 107n).

Requirements for a surrogate mother are:

  1. Age from 20 to 34 years at the time of entry into the program;
  2. Citizenship of the Russian Federation (part 10 of Article 55);
  3. The presence of one or more healthy children;
  4. Absence of diseases from the list of contraindications to the basic ART program;
  5. To undergo a full examination according to the methodology of the Ministry of Health;
  6.  If married, the spouse's notarized consent to undergo the surrogacy program is required.

The surrogacy contract should regulate such conditions:

  1. Cnsent of the surrogate mother to transfer the rights to the child to the biological parents;
  2. Obligations of the surrogate mother to undergo medical examinations, maintain health, follow doctors' recommendations, proper nutrition, etc;
  3. Specifying the medical facilities where the surrogate mother is to be monitored and give birth;
  4. Determining the amount of remuneration for the surrogate mother depending on the success of the pregnancy;
  5. Establishing the procedure for transferring the remuneration: pre-payment with storage in a safe deposit box or after delivery;
  6. Procedure for issuing a birth certificate;
  7. Reimbursement of expenses of the surrogate mother by the biological parents and methods of payment, including medical examinations, additional food, etc..;
  8. Establishment of penalties for violation of the terms of the contract, for example, for the surrogate mother's refusal to consent to the transfer of rights to the child to the biological parents.

When using assisted reproductive technologies, the choice of the sex of the future child is not allowed, except in cases of the possibility of inheriting sex-related diseases. Citizens have the right to cryopreservation and storage of their sex cells, tissues of reproductive organs and embryos at the expense of personal funds and other means provided for by the legislation of the Russian Federation.

Citizens between the ages of eighteen and thirty-five, physically and mentally healthy, who have undergone medical and genetic examination, have the right to be donors of sex cells.

When using donor sex cells and embryos, citizens have the right to receive information about the results of medical, medical and genetic examination of the donor, about his race and nationality, as well as about his external data.

In accordance with the Federal Law of December 19, 2022 N 538-FZ "On Amending Certain Legislative Acts of the Russian Federation", surrogacy in Russia is no longer available to foreigners. Foreigners and stateless persons are prohibited from using the institution of surrogacy in Russia. Only married couples in which at least one of the spouses is a citizen of the Russian Federation or a single Russian woman for whom carrying and giving birth to a child is medically impossible can use the services of surrogate mothers. A surrogate mother may also only be a Russian citizen.

Persons who have concluded a surrogacy contract whose marriage has been dissolved may be recorded as the child's parents with the consent of the woman who gave birth and provided that the court does not find that the marriage was concluded for the purpose of the surrogacy contract and without the intention of creating a family. Children born to surrogate mothers in Russia acquire Russian citizenship at birth. The protection of the rights and legal interests of children born by surrogate mothers outside Russia is entrusted to Russian consular institutions.

The provisions on the nationality of the child apply to cases where the surrogate mother is already carrying a child or has given birth to a child on the day when the prohibition on the use of surrogacy services for foreigners comes into force. In addition, the document defines the cases when persons who used surrogacy services are registered as parents of a child born with the consent of the surrogate mother and on the basis of a court decision.


Head of judicial department «Success» surrogacy centre