Open AccessPROBLEMS OF LEGAL REGULATION OF SURROGACY
Author(s) -
L. V. Zarapina,
N.Yu. Belokopytova
Publication year - 2021
Publication title -
ûridičeskij vestnik dagestanskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2411-0299
pISSN - 2224-0241
DOI - 10.21779/2224-0241-2021-38-2-68-72
Subject(s) - legislation , legislature , obligation , political science , context (archaeology) , institution , law , legal status , paleontology , biology
The article examines the theoretical and practical issues of legal regulation of the institute of surrogacy in the context of the current legislation. The authors analyze the positive and negative aspects of the institute under consideration, as well as the prospects for its application in Russian civil law. It is concluded that the public assessment of the current legal regulation of surrogacy in Russia is ambiguous, and the ongoing scientific discussions reinforce the need for early legislative reform. The authors note the fragmentary and not systematic approach of the authorities in the application of the law on surrogacy, due to the problem of legal regulation, as evidenced by the materials of judicial practice. The authors come to the conclusion that the considered institution of surrogacy, despite its positive aspects, needs adjustments and changes regarding the measures of responsibility for non – performance of the contract, determining the circle of persons participating in the contract, fixing the obligation of the surrogate mother to transfer the child born to her genetic parents.