WHO HAS THE RIGHT TO USE THE SURROGATE MOTHER SERVICE IN THE REPUBLIC OF ARMENIA?
IN THE REPUBLIC OF ARMENIA, A MARRIED COUPLE CAN USE ASSISTED REPRODUCTIVE TECHNOLOGIES, IF ONE OF THEM IS THE BIOLOGICAL PARENT OF THE FUTURE CHILD
In the Republic of Armenia, assisted reproductive technologies may be used by couples in a registered (validly recognized) marriage in accordance with the procedure established by the legislation of the Republic of Armenia, by mutual consent, if at least one of the spouses has not reached the age of 55, regardless of the citizenship of either spouse. This rule has exceptions, which are presented below:
In the Republic of Armenia, a woman who does not have a medical contraindication to carrying a pregnancy cannot use assisted reproductive technologies.
This exception means that in the Republic of Armenia, a married couple cannot use assisted reproductive technologies if the woman does not have a medical contraindication to carrying a pregnancy (this exception also applies to a single woman). In other words, if a woman can carry a pregnancy on her own, she cannot use the services of a surrogate mother in the territory of the Republic of Armenia. Let us add that this exception exists in many countries where legislation regulating this area is in force. Currently, in order to use assisted reproductive technologies, spouses are required to submit a document to a notary in order to sign a contract with a surrogate mother stating that the woman cannot carry a pregnancy on her own. Moreover, the contraindication to carrying a pregnancy can be related to both the woman’s health and psychological state. In both cases, a conclusion from an appropriate specialist is required, on the basis of which the IVF clinic provides a document confirming the fact of the woman’s contraindication to carrying a pregnancy, indicating the grounds for the document provided.
In the Republic of Armenia, non-Armenian foreigners may only use the services of a surrogate mother who is not a citizen of the Republic of Armenia for assisted reproductive technologies.
When applying this exception, first of all, it is necessary to understand whether both spouses in the marriage are citizens of the Republic of Armenia or of Armenian nationality or not, and the exception applies even if one of the spouses is not a citizen of Armenia or of Armenian nationality. The circumstance confirming the fact of being Armenian by nationality is regulated by the legislation of the Republic of Armenia on citizenship. It is noteworthy that a person is considered to be of Armenian nationality even if he has a small percentage of Armenian genes. If you are of Armenian nationality, the ARNI Surrogate Mother and Egg Donation Agency will assist you in obtaining the necessary documents. However, this exception does not prevent foreigners or stateless persons from using surrogate mother services in Armenia, since the ARNI Surrogate Mother and Egg Donation Agency provides future parents with Armenian or other nationalities who have foreign citizenship.
In the case of foreigners, there is another important exception: they cannot use assisted reproductive technologies in Armenia if the embryo was created with bilateral donor biomaterials.
The purpose of the legislation, we assume, is to eliminate the risk that future parents may not accept the newborn, in which case the state is obliged to take care of the child. Theoretically, such a risk may exist, but in reality this risk is zero, since the future parents of the child not only make serious financial investments, but also psychologically treat the future child as biological parents. This requirement is fixed in law, and the ARNI surrogate mother and egg donation agency offers its clients to implement “surrogacy” programs in other countries, providing both a surrogate mother and high-quality medical care.
IN THE REPUBLIC OF ARMENIA, THE BIOLOGICAL FATHER OR MOTHER WHO IS NOT IN MARRIAGE CAN USE ASSISTED REPRODUCTIVE TECHNOLOGIES
In the Republic of Armenia, assisted reproductive technologies can be used by single men and single women under the age of 55 who are not in a registered marriage in accordance with the procedure established by the legislation of the Republic of Armenia. Moreover, both single women and single men can use assisted reproductive technologies in the Republic of Armenia regardless of their citizenship. This right can be used even by a woman who is not the biological parent of the future child, but if the latter is a citizen of the Republic of Armenia or is of Armenian nationality, the procedures for which we have mentioned above. This rule does not apply to single women who can carry the pregnancy on their own and to single men who are not the biological parent of the future child.
ANOTHER CATEGORY OF PEOPLE, NON-BIOLOGICAL PARENTS IN A MARRIAGE, CAN USE ASSISTED REPRODUCTIVE TECHNOLOGIES IN THE REPUBLIC OF ARMENIA
In the case of non-biological parents, the legislator has reserved the right to use assisted reproductive technologies through a surrogate mother only to citizens of the Republic of Armenia or a foreigner of Armenian nationality, and this requirement applies to couples in a registered (validly recognized) marriage in accordance with the procedure established by the legislation of the Republic of Armenia. The persons specified in this paragraph may use the surrogate mother service if they have received the permission of the interdepartmental commission in advance. The procedure for granting the permission of the interdepartmental commission is established by the decision of the Government of the Republic of Armenia, and to collect the necessary documents and obtain the permission, you can apply to the ARNI Surrogacy and Egg Donation Agency.