Pregledni rad
https://doi.org/10.21860/j.16.2.3
Surrogacy: Bioethical, biomedical and legal aspects
Ivna Kocijan
; Zdravstveno veleučilište, Zagreb, Republika Hrvatska
*
Ivana Đuras
; Ustavni sud Republike Hrvatske, Zagreb, Republika Hrvatska
Marija Slivonja
; Neuropsihijatrijska bolnica Popovača, Poliklinika za radiologiju i ultrazvučnu dijagnostiku, Popovača, Republika Hrvatska
Marija Brdarević
; Zdravstveno veleučilište, Zagreb, Republika Hrvatska
* Dopisni autor.
Sažetak
The practice of surrogacy is growing globally despite deficient legislation, inconsistent laws, ethical doubts, poorly regulated procedures and insufficiently researched effects on the psychophysical integrity of the child and surrogate mother, and impact on the society. Where allowed, the legal regulations differ, allowing altruistic surrogacy in some countries and commercial surrogacy in others. Like most countries, Croatia’s laws prohibit surrogacy. The legal ban does not prevent clients from finding a surrogate abroad through surrogacy agencies. Cross-border surrogacy, also called surrogate tourism, further increases the risk of violating the rights, interests and well-being of the child and the surrogate mother, who is mostly of low socioeconomic status, insufficiently informed about procedures and risks, and without adequate legal protection. For all these reasons, commercial surrogacy is often described as exploitation of women and trade in uteruses. The consequences for the mental and physical health of the child and the mother separated immediately or shortly after birth are mostly disregarded or subordinated to the interests of the commissioning party. Likewise, the biological effect of epigenetic factors in utero is hardly a topic in surrogacy, although scientific research has proven that intrauterine epigenetic mechanisms are linked to lifelong health. It is necessary to reexamine the practice of surrogate motherhood from bioethical, legal, biomedical and every other aspect in accordance with increasing scientific knowledge, in an effort to prevent this new form of parenthood from turning into a global experiment with unpredictable consequences. International coordination and uniform legislation is necessary in order to end the commercialization of childbirth and to protect the best interests and the rights of the child and human rights.
Ključne riječi
surrogacy; surrogate mother; assisted reproductive technologies; legal framework; surrogacy outcomes
Hrčak ID:
344223
URI
Datum izdavanja:
6.2.2026.
Posjeta: 445 *