Legal Analysis of the Subject Matter of the Surrogacy Contract in the Light of Changes in the Federal Law

Abstract

The article considers the issue of the subject matter of the surrogacy contract, which continues to be debatable in the science of civil law. In this regard, a legal assessment of the amendments introduced by federal legislation concerning the requirements for the parties to such a contract is given. In the course of the research, general scientific methods of theoretical analysis, generalization and systematization of scientific data and judicial practice were used. Based on the theoretical analysis of the updated legal regulations of the federal legislation on surrogacy, positive and negative aspects of their application in practice are revealed. It is concluded that the changes in legislation giving priority to the conclusion of a surrogacy agreement to married people and securing a ban on its conclusion to foreign citizens, of course, should be attributed to positive phenomena, which is not the same with respect to such a possible participant in the surrogacy agreement as a single man. According to the authors, it is clearly unfair to exclude single men from both the possibility of starting a family and the possibility of procreation. In practice, the cases of single men applying to the services of auxiliary reproductive technologies should not be ignored, but carefully regulated to minimize litigation on this issue, which, based on the analysis of judicial practice, are resolved in favor of a single father.