Original scientific paper
INTERNATIONAL CONTRACTS ON SURROGATE MOTHERHOOD – HAS THE MATER SEMPER CERTA EST PARADIGM BEEN DISAPPEARING?
Mirela Župan
; Faculty of Law Josip Juraj Strossmayer University of Osijek
Vjekoslav Puljko
; Faculty of Law Josip Juraj Strossmayer University of Osijek
Marko Sukačić
Abstract
Law is a corrective force and the framework for social affairs of the time. Therefore, the legal reflection should not be indifferent to social affairs that go along with its contemporariness: this is the case in practising medical procedures such as surrogate motherhood. Herewith we consider a legal framework in which surrogate motherhood is practised: internationally marked contracts and a problem area of acknowledging foreign certificates and the acquired status abroad. The prerequisite thereto would be the material law conditions knowledge of national legislators and court rulings; the discussion herein 1) defines key notions and fundamental problem area of surrogate motherhood; 2) makes a comparative survey of assorted national legislation division into: a) legislation that explicitly prohibits surrogate motherhood agreements; b) legislation that leaves the issue unregulated; c) legislation that explicitly allows surrogate motherhood and finally d) legislation that takes a liberal attitude towards agreements on surrogate motherhood; 3) represents the most important examples and attitudes of court ulings of national courts and the European Court of Human Rights and the European Court of Justice; 4) deals with possible unification of convention law within the framework of the Hague Conference on Private International Law as well as on conflicting fundamental human rights of the parties to surrogacy agreements. This is the beginning of a broader discussion on a number of issues concerning international agreement on surrogate motherhood.
Keywords
Surrogate motherhood; human rights; private international law
Hrčak ID:
111305
URI
Publication date:
30.8.2013.
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