DOOR, Vol. 2. No. 1., 2026.
Review article
https://doi.org/10.65342/door.2.1.1
Surrogacy – Mater Semper Certa Est?
Matea Belačić Pleše
orcid.org/0009-0007-6391-1951
Abstract
Surrogacy is a complex medical, legal, and ethical phenomenon that, due to the rise in infertility, has only recently become the subject of more intensive discussion, even though the first surrogate baby was born as early as the 1980s. It refers to an arrangement in which a woman carries and gives birth to a child for another couple or individual. A distinction is made between traditional (genetic) and gestational surrogacy, as well as between altruistic and commercial surrogacy depending on whether compensation is involved. Although clearly defined from a medical perspective, it raises conflicting legal and ethical viewpoints. Legal regulation in Europe and worldwide is inconsistent. Most countries prohibit surrogacy, some allow only the altruistic form, while a minority of countries, such as Ukraine, Russia, Iran and the United States of America, take a more liberal approach and permit both altruistic and commercial surrogacy. Additionally, countries such as India and Thailand have restricted commercial surrogacy due to abuses. Case law, particularly that of the European Court of Human Rights, emphasizes in disputed legal situations arising from surrogacy that the primary objective is the protection of the rights of children born in this way. Practical examples reveal numerous legal and ethical dilemmas, especially in cases involving conflicts of rights between the surrogate mother and the intended parents. In Croatia, surrogacy is prohibited by law, such contracts are null and void, and sanctions are imposed as misdemeanors. Nevertheless, recent case law in Croatia shows a tendency to protect the rights of children born abroad through surrogacy, placing the best interests of the child at the forefront. Given the increase in infertility in Croatia, as well as globally, it is proposed to consider the legalization of altruistic, gestational surrogacy under strict conditions and supervision. The emphasis should primarily be on protecting the child and the surrogate mother, along with clear legal regulation of the transfer of parental rights to safeguard the intended parents. In conclusion, surrogacy requires an interdisciplinary approach and careful legislative regulation. Rather than an a priori ban, guidance should be drawn from science, practice, and the best interests of the child.
Keywords
surrogacy, infertility, medically assisted reproduction, pregnancy, children’s rights
Hrčak ID:
347822
URI
Publication date:
15.6.2026.
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