Based on the analysis of Russian family, civil legislation and judicial practice, we reveal some legal problems arising in law enforcement practice when establishing parental rights in the framework of surrogate motherhood institution. The purpose of this research was to study the implementation of the rights of a surrogate mother, her spouse, customers (named parents) and a child born to a surrogate mother. As a result of the study, amendments are proposed to the family and civil legislation of the Russian Federation concerning the establishment of parental rights when using assisted reproductive technologies. The need to develop a federal law «On the reproductive rights of citizens in the Russian Federation» is pointed out. This law should cover the following aspects: requirements for the parties to the contract, their rights and obligations, the rights of the child born by the surrogate mother, the possibility of withdrawal from the contract, responsibilities of the parties, etc. The proposed measures will ensure the uniformity of judicial practice and eliminate a large number of gaps in Russian legislation.
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