The concept and legal nature of surrogacy

Abstract

The article examines in the context of the current legislation the theoretical approaches to the definition of the concept of surrogacy, its legal nature, as well as the problems of legal regulation of the institution of surrogacy that arise in law enforcement practice. It is concluded that the institution of surrogate motherhood should be considered as an indirect medical intervention, which consists in performing medical manipulations with the mental state of a person, and has a rehabilitative orientation. When studying the problem of determining the legal nature of surrogacy, the authors note that it is determined by the purpose of the institution under study – to overcome and cure infertility through the prism of improving the quality of life. The authors conclude that the Russian society has an ambiguous attitude to the institution of surrogacy, and the validity of its existence in Russia is disputed. The authors do not rule out a possible shift in the legal regulation in favor of genetic parents in the future, but to do this, Russia needs to streamline the legal regulation in this area.