Form of the contract of surrogacy

In article the form of the contract of surrogacy is analyzed, the lack of special requirements to it is established, the option of application of an obligatory written form is discussed, the conclusion about need of leaving of a simple written form of the considered contract is drawn, it is offered to create the model contract of surrogacy and to include its text in the Order of the Russian Ministry of Health No. 107n. Despite demand and complexity of a contractual design of surrogacy, the domestic legislation shows improbable avarice in legal regulation of these questions. It is told about a possibility of signing of the contract of surrogacy only in Paragraph 9 of Article 55 of the Federal Law "About Bases of Protection of Public Health in the Russian Federation" where the relevant contract is understood as the agreement between substitute mother (the woman bearing a fruit after transfer of a donor embryo) and potential parents whose gametes were used for fertilization, or the lonely woman for which incubation and the birth of the child is impossible on medical indications. Apparently, the quoted norm gives an idea only of subjects of the specified contractual relations and shows absolute silence what the contract, about what it and in what form it has to consist is. Practice is forced to look for answers to all these questions now, being guided only by general provisions of the civil and family legislation. Importance of these public relations, their special importance and complexity prompt that for them it is necessary to provide an obligatory written form which non-compliance attracts invalidity of the contract. In the doctrine also the notarial form as it will provide presence of a certain "certifying" subject, similar to the legislation of a number of foreign countries is offered. Specifics of the relations of surrogacy, lack of appropriate legal regulation, weak theoretical readiness dictate need of the maximum simplification of position of the parties for a question of coordination of terms of the contract by creation of the model contract and its inclusion in the Order of the Russian Ministry of Health of 30.08.12 No. 107n "About an order of use of auxiliary reproductive technologies, contraindications and restrictions to their application".

Keywords

Authors

References