Legal aspects of the donor programs
Donor programs are not permitted throughout the whole world: in many European countries it is forbidden, the exception is Spain, which is the center of European donation. This policy greatly narrows the possibilities for solving the problem of infertility. Russia acts as a progressive state, which gives women the opportunity to be a mother, even if for medical or social reasons, there are serious obstacles.
In Art. 35 Principles of Legislation of the Russian Federation on health care, it is said: "Every adult female of childbearing age has the right to artificial insemination and embryo implantation Artificial insemination of women and embryo implantation are carried out in facilities licensed for medical activities, with the written consent of the single woman. Information about the conducted artificial insemination and embryo implantation, as well as the donor's identity constitute a medical secret."
Assisted reproductive technologies in Russia are not just for couples: a woman can by herself act as a single patient. The question of paternity is decided by her independently. Perhaps the only obstacle could be age: for IVF a woman should be in between reaching the age of majority (18 years) and the period of menopause, that is to be fertile. The legislator does not establish exactly the age at which you can carry and give birth to a child. In Russia it is arbitrary, unlike a number of Western European countries, where there is a clear age limit.
That is why there is a high percentage of references of foreign citizens to reproductive clinics in Russia: citizens of foreign countries while exercising their reproductive programs with the participation of donors have the same rights as Russians.
Legal aspects concerning not the recipients but the donors are also clearly defined. Donors who provide their sperm or ovum, have no parental rights in relation to the unborn child. In order to secure the consent of the donor to participate in the donation program, a contract is signed which is made to inform the parties about their rights and responsibilities. The donor must confirm in writing not only consent to the removal of biological material, but also that he/she is informed about future procedures, their impact on the body and the possible consequences. This is especially important for egg donors: puncture is performed under general anesthesia, and the superovulation procedure may be accompanied by the development of OHSS syndrome.
The law gives the parents the right to choose the donor, or use an anonymous donor bank. The clinic does not provide information about the donor to the patient, except for the information from the bank of donors related to phenotype, habits and hobbies, voice recording, intelligence tests (essays on a given topic).