SURROGATE MOTHERHOOD

GLOBAL OVERVIEW OF LEGAL REGULATION

Abstract

The phenomenon of surrogacy, as an alternative way of obtaining offspring, is the best example of the far-reaching nature of assisted reproduction and represents the most complex medical-social-legal form of human conception that radically and fundamentally changes the concept of family. Although it represents an ambivalent phenomenon that lacks a universal apology, surrogacy is slowly becoming more and more accepted, both theoretically and practically, in countries worldwide. However, as a refl ection of the non-unified understanding of the categories of gender, sex, and reproduction, the legal regulation is uneven, oscillating from a complete prohibition of any form of surrogacy to a purely contractual approach open to all variations of its form. The above contributes to legal uncertainty regarding the recognition of legal parentage, as well as the question of the citizenship of children born in this way. This paper offers a global overview of surrogacy legal regulation and demonstrates that this phenomenon, as the most challenging byproduct of medically assisted fertilization, is not a temporary phenomenon. Therefore, regardless of the state’s attitude towards surrogacy, whether it is prohibitive or permissive, it is necessary to create protective measures concerning all stakeholders of the process, primarily to ensure the protection of surrogate mothers and the fundamental rights of children born in this way.