Identification of Parents of a Child Carried by a Surrogate Mother

Introduction: parents in Russian traditional families include the mother and father of the child, that is, his closest relatives, who form the basis of the family. At the same time, there is no comprehensive study of the concept of parents in surrogacy. The author conducts a study of the concept of parents, the procedure for their identification in surrogacy, while focusing on judicial practice, whose analysis reveals the problems that arise in the field under study. The purpose of the study is to analyze the theory, scientific points of view and law enforcement practice of such an undefined term as “parents,” and the procedure for their identification under the surrogate program. Methods: induction, deduction, analysis and formal legal methods. Results: the author believes that such a category as “the concept of parents” and “the procedure for identification of parents” in surrogate relationships deserves special attention from scientists. Conclusions: in conditions of unclear legislative regulation of the relationship in question, the only thing that will help biological parents protect their rights is to competently draw up an agreement on the legal consequences after the birth of a child, on the rights and obligations of the parties to the agreement. Some specific proposals are also made to amend Article 48 of the Family Code of the Russian Federation.