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Surrogacy for Hong Kong. KONSTANTIN N. SVITNEV ROSJURCONSULTING CEO svitnev@jurconsult.ru. Russian Surrogacy: a safe & fast way to parent a child. www.jurconsult.ru | info@jurconsult.ru | +7 495 225 5595.
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SurrogacyforHong Kong KONSTANTIN N. SVITNEV ROSJURCONSULTING CEO svitnev@jurconsult.ru
Russian Surrogacy:a safe & fastway to parent a child www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Equal access to ART,including surrogacy, regardless of nationality, gender, health, marital status or age; Married and de facto couples, single women & men are eligible; No genetic link between the surrogate and the child is allowed, only gestational surrogacy is possible; You can use donor eggs & sperm given the oocytes don’t genetically belong to the surrogate. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
1995 • Commercialsurrogacyisallowedforallcategoriesofintendedparents - incl. single men and women - exceptfor gay couples; • Membersof gay couplescanimplementtheirprogramsindividually, as single intendedfathers; • Written contract between the IP and the surrogate is a must, no notarization is required; • A birth certificate naming a married couple as parents is automatically issued, no court decision is required; • A court decision IS required for single IPs to be listed as parents; • Surrogate’s name is NOT on the birth certificate, only IP’s names; • If the surrogate is married, husband’s consent is required; • No age limit for Intended Parents. REGULATED SINCE 1995 1 000 BABIES PER YEAR 20% INCREASE PER YEAR www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Requirements for the Surrogate: 18-35 • Physically and psychologically healthy, NO addictions; • Should have her own healthy child; • Marital status is irrelevant, though the husband should give his consent; • Can be your own surrogate, a friend or a relative. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Egg donor requirements: 18-35 • Medicallytested; • Anonymous and known (INDIVIDUAL, with photos) donors are allowed; • Physically and psychologically healthy, NO addictions; • No requirement to have own children; • Can be your own donor to allow for preference re nationality, education, relative. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
No Age Limit www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
The law in Russia doesn’t set any age limit for Intended Parents. All ages are welcome. As for the moment our client, an 87 y.o. woman from Vladivostok who became mother of twins born in 2015 by a Russian surrogate is a patient of most advanced age in our country and in the world, setting a Guinness record. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Famous Russian pop-star AllaPugatcheva became a mother of “surrogate” twins at 64. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Can Cater to HIV & Hepatitis Patients 1 2 3 Therapy to reach undetectable viral load Sperm wash Voluntary informed consent of the Surrogate www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Medical Indications for Surrogacy www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Need to show: Single men AREELIGIBLE due to congenital lack of uterus • Absence of uterus; • Uterus deformations; • Somatic diseases contraindicated for childbearing; • 3 or more failed IVF attempts. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Regulates rights of each party and financial responsibilities; Obligatory agreement between the Surrogate and IP Shouldbesigned BEFORE the embryo transfer takes place; Can’t compel the surrogate to hand over the child as her consent required but would oblige her to compensate all IP expenses and moral harm; Six cases in 25 years where the surrogate wanted to keep the child; www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
The surrogate has no right to the child she gestated for intended parents or single IP; SUPREME COURT OF RUSSIA (April, 2017) If she tries to contest the origin of the child, the conflict should be resolved by the court ; The court should consider the GSA, the genetic parentage and resolve the case in the best interests of the child. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Access for Single Men www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
The concept of “fatherhood” is protected by law in Russia, so single men applying for surrogacy are treated equally, same as single women or heterosexual couples. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Hundreds of single men including foreigners have had children through surrogacy in Russia; • A Russian pop star Philip Kirkorovfathered two children; • No less popular singer Sergey Lazarev fathered two children as well; • The law doesn’t directly regulate surrogacy for single men, but as single women are explicitly allowed by law to use surrogacy, single men can use the same provision– regardless of their sexual orientation. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Legal Precedent www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
In August 2010, a Moscow court in a precedent decision ruled that a single man, our client, a 50 years old banker could be registered as single father and the only parent. The surrogate’s name was not listed on the birth certificate– for the first time in Russia. After that identical decisions were adopted by courts in Moscow and St. Petersburg listing men as the only parent. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
This case definitely proved that all prospective single parents – both men and women - can exercise their right to parenthood through surrogacy in Russia. Since then hundreds of birth certificates to intended fathers’ names only have been issued. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Life After Death www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
In 2010 ArtiomKlimov from St. Petersburg became a father of a baby boy. Artiom has been DEAD for two months BEFORE the conception. The young man fathered a son postmortem with help of his mother Natalia, our client, who implemented a unique surrogacy program as a single woman using his late son’s frozen sperm. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Prolific GrandMother www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
In 2008 54-years oldLamaraKeleshevalost his only son Mikhail to cancer. BeforechemotherapyMikhailleft a fewspermsamples. Ms. Kelesheva, ourclient, implemented a uniquepostmortemsurrogacy program withtwosurrogatesatthesametime. In 2011, fourchildren (Lamara‘sowngrandchildren) wereborn: Ioahn, Pheokharis, Mikhail and Maria. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Sex DeterminationAllowed www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Gender selection is not allowed except when there is a possibility of a sex-related hereditary decease. However gender testing through PGD/PGS/NGS remains perfectly LEGAL in Russia. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Convenience www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
NO • need to travel anywhere; • travel related stress; • visas; • waste of time, nerves and money. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
1 Foreigners regardless of their age, health, gender and sexual orientation have the same rights for procreation as Russian citizens. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
2 There is no need to visit Russia to start. Frozen sperm or embryos can be shipped from an IVF clinic in Hong Kong (or any other country) to Russia. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
3 The birth can be arranged in Russia (default option), USA, UK, Australia or Hong Kong. Should the birth be arranged in HK, the surrogate would be listed as a legal mother, as if it were a natural conception and would be treated as such. A special agreement as for effectuation of parental rights between the parents should be signed then. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Gametes & Embryo Shipping www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Shipping of gametes/embryos to Russia IS LEGAL www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
Medical tests translated into Russian: IncludeCryoconservationprotocol Signed and stamped, verified European Medical Center (EMC) in Moscow or Ava-Peter in St. Petersburg do IVF; Rosjurconsulting law firm and European Surrogacy Centerwill do the rest; Reliable shipping company will be arranged, should it be needed. www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
“The right to procreate is a natural right of any human being. Any person with limited reproductive abilities (LRA) regardless of his or her gender, age or sexual orientation who wishes to become a parent through surrogacy should be given a chance to make this dream come true”. Konstantin N. Svitnev, RJC CEO www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
“Every person has a right to parent a child. Every child has a right to be born”. Konstantin N. Svitnev, RJC CEO www.jurconsult.ru| info@jurconsult.ru| +7 495 225 5595
ThankYou! KONSTANTIN N. SVITNEV ROSJURCONSULTING svitnev@jurconsult.ru