Surrogacy: on the conflict of legal positions in the postmodern style

Surrogacy: on the conflict of legal positions in the postmodern style

Authors

• N. Tarusina

Keywords:

surrogacy, priority, courts, legal positions, conflicts.

Abstract

The article examines the issues caused by the conflicting approaches of the Russian legislator and Russian courts to the institution of surrogate motherhood, in that part of it, which fixes the status of a surrogate mother and genetic parents regarding the fate of a child born as a result of their participation in the corresponding program. An analysis of two definitions of the Constitutional Court of the Russian Federation, three dissenting opinions of the judges of this Court and the decision of the Supreme Court of the Russian Federation on this issue is offered. The presence of a clear conflict of these legal positions is stated. Take hope on expressed for the elimination of the aforementioned conflict and, most importantly, for a fair adjustment of the norms of family and medical legislation dedicated to this problem.