Russia to ban use of surrogates by foreigners

A ban on commercial surrogacy in Russia for foreigners is expected to come into effect in early December 2022.

A bill was passed by the lower house of parliament in Russia, the State Duma, in May this year to prevent foreigners from using Russian surrogates. It is expected to be passed into law soon, following a final third reading which is expected shortly, said Vyacheslav Volodin, the speaker of the Duma on Sunday 27 November 2022, which was Russia's mother's day.

Volodin wrote on his Telegram channel on Sunday: 'The sale of children is unacceptable […] Over the past few years, 45,000 toddlers born by surrogate mothers have been moved overseas. It is a major illegal business venture with an estimated turnover of more than €2 billion [$2.04 billion].'

He added: 'Such babies oftentimes end up in very dangerous situations: they become victims of crimes, including illegal organ trade, and get adopted by same-sex couples.'

Same-sex couples cannot marry or adopt in Russia, and the Russian parliament had passed legislation to criminalise promotion of 'non-traditional sexual relations' three days before the announcement. Previously Russian men who used surrogates have been forced to flee the country when it was assumed they were gay, or were accused of being involved in child trafficking, according to the Guardian (see BioNews 1067).

Currently, Russia has one of the most liberal policies surrounding commercial surrogacy in the world, and it is legal for married and unmarried heterosexual couples and single women, Russian citizens, residents and foreigners to use the services of surrogates there (see BioNews 1087). Under the proposed law, only those who are married Russian citizens or single female Russian nationals, who have medical reasons why they can not carry a pregnancy, will be able to use a surrogate. 

Russian state media outlet Russia Today reported there were calls to go further with the ban with some calling for a total ban on the practice in Russia on 27 November 2022.

Many babies born to surrogates in Russia were left stranded when the COVID-19 pandemic first hit in March 2020 as many intended parents were unable to travel to collect their babies when Russia closed its borders. A high-profile case in the country that same year, involving a number of arrests over human trafficking after a baby born to a surrogate died in a flat near Moscow, also triggered plans to ban commercial surrogacy for foreigners (see BioNews 1058).

Earlier this year, the air travel ban implemented on Russia due to the war in Ukraine again limited the ability of intended parents to travel to collect babies.