Legal Regulations of Surrogate Motherhood in Russia and South Africa: Similarities and Differences
https://doi.org/10.21684/2412-2343-2025-12-1-20-39
Abstract
This study analyzes the laws and regulations surrounding surrogacy in two of the BRICS countries, namely Russia and South Africa. In particular, the authors examine the list of persons authorized to act as parties to such a contract and the requirements that must be met. The methodological basis of the research is the multidisciplinary approach. The research methods employed included the analysis of scientific literature and legislation. Furthermore, this research examines issues related to determining a child’s origin when using assisted reproductive technologies. It also employs a comparative legal analysis to suggest potential solutions for resolving issues in this area that are relevant in both Russia and South Africa. This study is significant given that no comparative analysis of Russian and South African surrogacy legislation has previously been conducted
Keywords
surrogacy agreement,
commissioning parents,
surrogate mother,
reproductive technologies,
Russia,
South Africa
Supporting agencies: This article was published as part of the NRU HSE Project “Mirror Laboratories” 2022 entitled, “Actual Aspects of Human Rights in Bioethics.”
About the Authors
E. Mitryakova
University of Tyumen
Russian Federation
Russian Federation
Elena Mitryakova – Assistant Professor, Department of Civil Law and Procedure
6 Volodarskogo St., Tyumen, 625003
A. Boniface
University of Johannesburg
South Africa
South Africa
Amanda Boniface – Associate Professor, Department of Private Law, Faculty of Law, Advocate, High Court of South Africa
Kingsway Ave., Auckland Park, South Africa, Or PO Box 524, Auckland Park, 2006
References
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Review
For citations:
Mitryakova E., Boniface A. Legal Regulations of Surrogate Motherhood in Russia and South Africa: Similarities and Differences. BRICS Law Journal. 2025;12(1):20-39. https://doi.org/10.21684/2412-2343-2025-12-1-20-39
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