Under Russian law (Family Code, Articles 47-53, accessible via Russian government legal portals), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Article 47).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Article 48) or if he acknowledges paternity (Article 49). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Article 52).
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if a court establishes paternity based on biological evidence or intent to parent (Article 52), particularly if he is involved in the child’s life post-birth. Specific laws addressing informal donation are limited.
Assisted Reproduction:
In Russia, assisted reproduction is regulated under Federal Law No. 323-FZ (On the Basics of Health Protection of Citizens, 2011) and Order No. 107n (2012) on assisted reproductive technologies. “Donor-assisted human reproduction” (DAHR) involves donated gametes used in licensed medical facilities (Article 55). Note: Informal sperm donation outside clinical settings is not explicitly regulated but is generally discouraged and may be considered illegal due to lack of oversight.
DAHR is permitted primarily for married heterosexual couples. Single women and same-sex couples face significant restrictions, though enforcement varies. Donors must be healthy and under 35, with anonymity typically maintained, though recent practices (e.g., sperm freezing for mobilized soldiers) suggest evolving policies.
Sperm Donor Agreements:
In regulated DAHR, the donor is not a legal parent if the procedure complies with health regulations (Order No. 107n). The intending parents are recognized as legal parents at birth. Note: Informal sperm donation lacks legal protection—donors risk being recognized as legal parents under general paternity laws (Article 48 or 52), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, Russian law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may intervene based on intent or involvement.
Surrogacy:
Surrogacy is permitted in Russia under Federal Law No. 323-FZ and Family Code provisions, but only for married heterosexual couples. It must be altruistic, and commercial surrogacy is prohibited. The intending parents are recognized as legal parents if a contract is registered (Article 51).
International surrogacy arrangements are recognized if compliant with Russian law, though enforcement is inconsistent. Informal surrogacy arrangements lack legal standing.
Parentage Agreements:
In regulated DAHR, parentage is formalized through clinic consents, with intending parents recognized at birth. Informal agreements (e.g., co-parenting or donor contracts outside DAHR) lack legal standing and may require court intervention under Article 52 to establish or contest paternity.
Informal arrangements carry significant legal risks, as Russian law prioritizes biological parentage over intent in non-regulated settings. A donor could claim paternity, or the mother could seek child support, depending on judicial interpretation.