Key laws and policies
- On transplantation of human organs (tissues)* (22.12.1992 № 4179-1)
- Family Code (1995)
- On temporary prohibition of human cloning (№ 54 FZ, 2002)
The use of ART is regulated by order No. 107н of the Ministry of Healthcare of Russia dated 30 August 2012, “On the Procedure for the Use of Assisted Reproductive Technologies, Contraindications and Restrictions to their Application.” (See http://www.garant.ru/products/ipo/prime/doc/70218364/.)
Federal law No. 323-FZ of 21.11.2011, "On the Fundamentals of Citizens’ Health Protection in the Russian Federation," defines assisted reproduction.
- Reproductive cloning is prohibited under a five-year moratorium, renewed in 2010.
- Research cloning is prohibited.
Permitted and regulated practices
Article 55 of Federal law No. 323-FZ of 21.11.2011, "On the Fundamentals of Citizens’ Health Protection in the Russian Federation," gives the definition of assisted reproductive technologies and determines the group of persons entitled to use such technologies, as well as those who are entitled to be germ cell donors.
According to a questionnaire from the Hague Conference on Private International Law, Russian law indicates the following:
"1. Assisted reproductive technologies present infertility treatment methods, upon application whereof some or all stages of conception and early development of embryo occur outside mother’s organism (including with the use of donor and (or) cryopreserved germ cells, tissues of genital organs or embryos, as well as surrogacy).
2. The procedure for the use of assisted reproductive technologies, contraindications and restrictions to their application shall be approved by the authorized federal executive authority.
3. A man and a woman, being either married or unmarried are entitled to use assisted reproductive technologies upon availability of mutual informed voluntary consent to medical intervention. A single woman is also entitled to use assisted reproductive technologies upon availability of her informed voluntary consent to medical intervention.
4. Upon the use of assisted reproductive technologies no selection of future child’s sex is allowed, except for the cases of possible inheritance of gender-related diseases.
5. The citizens are entitled to cryopreservation and storage of their germ cells, tissues of genital organs or embryos at their own expense or for account of other funds stipulated by the law of the Russian Federation.
6. Germ cells, tissues of genital organs or human embryos cannot be used for industrial purposes.
7. The citizens aged from eighteen to thirty-five, physically and mentally healthy, who have passed medical and genetic examination, may be donors of germ cells.
8. Upon the use of donor germ cells and embryos the citizens are entitled to obtain information on the results of medical, medical and genetic examination of the donor, on his race and ethnicity, and on his appearance."
9. Surrogacy means bearing and delivery of a child (including premature delivery) under a contract to be signed between the surrogate mother (the woman bearing the fetus after transfer of donor embryo) and the prospective parents, whose germ cells have been used for fertilization, or the single woman, who is unable to carry and deliver a child due to medical reasons.
10. A woman aged from twenty to thirty five, having at least one healthy child of her own, who has obtained a medical certificate of good health, who has given written informed voluntary consent to medical intervention may be a surrogate mother. A married woman, whose marriage is registered according to the procedure established by the law of the Russian Federation, may be a surrogate mother only upon written consent of her spouse. A surrogate mother cannot be simultaneously the ovule donor.
Indications for the use of surrogacy are as follows:
- Ametria (congenital or acquired)
- Deformity of uterine cavity or cervix due to congenital malformation or in the result of diseases
- Endometrium pathology (synechia, obliteration of uterine cavity, endometrium atrophy)
- Diseases (conditions) included into the List of contraindications (appendix No. 2 to order No. 107н of the Ministry of Healthcare of Russia dated 30.08.2012)
- Failed repeated IVF attempts (3 and more) in the event of multiple receipt of good quality embryos, the transfer whereof fails to result in pregnancy
- Refractory pregnancy loss (3 and more spontaneous miscarriages in the medical history)
A five-year moratorium on human reproductive cloning expired in 2007 and was not renewed until 2010.
The 2008 Patent Act for the first time explicitly prohibits patents involving human cloning, modifications of human cell lines, and the use of embryos.
- "Russia extends human cloning ban," RiaNovosti, (October 2, 2009).
- Human Fertility and Embryology Authority (UK), "Hybrids and Chimeras: Findings of the Consultation, Annex C – International Perspective," September 5, 2007.
- Petja Papula, "Russian IP Reform Brings Changes in Patenting," IPRInfo (January, 2008), (accessed on July 8, 2008).