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Liberalism of Surrogacy Legislation in the Russian Federation: A Paradoxical Development in a Paternalistic Society

Shleina, V. (2023). Liberalism of Surrogacy Legislation in the Russian Federation: A Paradoxical Development in a Paternalistic Society. (Unpublished Doctoral thesis, City, University of London)

Abstract

The year 1995 marked a new chapter in Russian family law. Following a chain of political events that shook the young Russian state’s legal landscape, the Family Code 1995 was enacted. The new progressive law codified certain aspects of assisted reproduction, more specifically, surrogacy. Despite the Soviet Union’s intrusiveness into private life, its successor state, Russia, seems to have attempted to shift ‘from paternalism to “rights-based” approach.’ (1) Russia (2) became one of the most liberal states as regards to procreation. Not only has the state proactively legalised surrogacy, its attitude towards the parties’ reproductive arrangements may be described as almost a laissez-faire. The Code explicitly allowed the intended parents to legally enter into a surrogacy arrangement, with minimum oversight from the government. This development was followed by further liberalisation in the area of surrogacy in 2012 when commercial surrogacy was legalised. Considered against the tendency of the state policies to interfere with private decision-making, these developments are at their best paradoxical. The research seeks to critically appraise the Russian surrogacy law and uncover the influences that could have shaped such a liberal approach considering the factors, such as increasing availability of assisted reproductive technology, the state’s biopolitical agenda and the view of the media.

Publication Type: Thesis (Doctoral)
Subjects: D History General and Old World > DK Russia. Soviet Union. Former Soviet Republics
H Social Sciences > HQ The family. Marriage. Woman
K Law
Departments: The City Law School
The City Law School > The City Law School Doctoral Theses
Doctoral Theses
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