The Somatic Right to Artificial Reproduction Through Surrogacy: Comparative Analysis

The article presents a comparative analysis of Russian normative legal acts and instruments of international organizations and the EU in the field of the right to artificial reproduction through the use of surrogacy. The purpose of this article is to analyze the Russian and international practice of legal regulation of surrogacy. Methodologically, the study is based on analytical and comparative legal methods. The content of the article provides a brief analysis of the Russian legal framework of surrogacy and a description of the practice of performing the appropriate procedure. The author analyzes the practice of international intergovernmental and professional organizations on the issues of defining surrogacy, persons participating in the relevant procedure, the rights of these persons under the fundamental documents in the field of human rights. The article examines the practice of the UN and the main documents of the UN bodies in this area. The author provides information from reports concerning protection of the rights of women and children submitted within the framework of the activities of regional UN organizations. The relevant practice of European regional international organizations, such as the Council of Europe, is also analyzed. Additionally, the paper analyzes the practice of the EU as an international organization of regional integration with a unique competence that also concerns surrogacy. The practice of the Court of Justice of the EU as the main judicial body of the EU in the field of consideration of issues of competence of the EU is elucidated. To sum up, it is concluded that it is necessary to develop and adopt an integrated approach to the legal regulation of the surrogacy procedure, where the interests and health of the child born as a result of the relevant procedure should be of primary importance.

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