Evaluating the sufficiency of legal support for assisted reproductive technologies and surrogacy

The article discusses the relevant issues of legal regulation of assisted reproductive technologies (ART), reviews the legal application of the existing methods as well as possible grounds for civil liability in this field. The paper analyzes laws and regulations governing assisted reproductive technologies. The authors identify the main types of violations permitted by a medical organization while applying this type of technologies. Such violations incur civil liability, particularly in the form of compensation for moral damage. Special attention is paid to surrogacy as one of the methods of assisted reproductive technologies. It is noted that legislation governing surrogacy is controversial. Surrogacy service is provided in Russia according to civil law agreement which enshrines any duties and rights of the parties, but does not guarantee their strict implementation. Other issues remain unresolved as well. On March 27, 2017, a bill banning surrogacy was introduced in the State Duma. However, surrogacy is still the last chance for those who cannot have children from the genetic point of view. The rejection of surrogacy will exacerbate this situation. The authors substantiate the necessity to improve legal regulation in this regard by the adoption of the Federal Law “On Assisted Reproductive Technologies and Citizens’ Rights Guarantees for Their Implementation”.