Book
Eastern and Western Perspectives on Surrogacy
Chapter describes the legal framework of surrogate motherhood in Russia. Apart from providing the reader with a general overview of Russian legal regulation, the author specifically focuses on such issues as the rights of a surrogate mother, the rights of intending parents particularly in the context of the best interests of the child, access to surrogate motherhood as a type of assisted reproductive technology, issues related to parenthood and international surrogacy arrangements.
Chapter describes the legal framework of surrogate motherhood in Russia. Apart from providing the reader with a general overview of Russian legal regulation, the author specifically focuses on such issues as the rights of a surrogate mother, the rights of intending parents particularly in the context of the best interests of the child, access to surrogate motherhood as a type of assisted reproductive technology, issues related to parenthood and international surrogacy arrangements.
Chapter describes the legal framework of surrogate motherhood in Russia. Apart from providing the reader with a general overview of Russian legal regulation, the author specifically focuses on such issues as the rights of a surrogate mother, the rights of intending parents particularly in the context of the best interests of the child, access to surrogate motherhood as a type of assisted reproductive technology, issues related to parenthood and international surrogacy arrangements.
The article is devoted to the analysis of legal means of stimulating the birth rate in the Russian Federation. In the study, the authors identified the advantages and disadvantages of such legal means as material support for families with children by the state, provision of such families with housing, the development of preschool and school education, the surrogate motherhood institution, private-law measures to support families with children.
In modern life commodification has become a widespread phenomenon. A prime example of unique object commodification is commercial motherhood surrogacy motherhood, within which maternity turns from “the women’s social mission” into a service where human life is a final product of monetary transaction. According to Igor Kopytoff, violation of the border between commodities and unique objects leads to the undermining of social order [Kopytoff 2006]. Nevertheless, the existence of commercial surrogacy does not bring disorder, and therefore, the question is: how can this commercial service be functional and legitimate in society? The study is based on the analysis of 14 interviews with staff members of Moscow reproduction clinics and agencies providing the legal support services for surrogate mothers. The authors show that identification of the child’s status, selection of potential parents and surrogate mothers, as well as the regulation of relations between them by staff members, are formed in a way to fit the notion of kinship in accordance with the Euro-American theory of David Schneider [Schneider 1980]. The theory has at its core the idea that kinship relations are primarily determined by common genetic substance and secondarily by social relationships based on specific behavior patterns in the family. This leads to the priority of genetic kin in the creation of kinship ties perception and the decreasing significance of the gestational relationship. Thus, staff members’ recognition of the genetic ties as dominating above all allows for legitimation of commercial surrogacy as a whole and in its organizational aspects through decommodification of the child, who is no longer considered an object of market transaction.
The article contains a detailed analysis of a number of key issues related to the uncertainty existing in Russian legislation regarding who can be parties to a surrogacy contract. It also discusses the issues related to the need to differentiate between gestational and traditional surrogate motherhood, as well as problems arising from the requirement of a genetic link between potential parents and a child born to a surrogate mother.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/