Peculiarities of legal regulation of the use of assisted reproductive technologies by surrogacy

Abstract

The issue of proper legal regulation of the use of assisted reproductive technologies in general, and surrogacy in particular, today is increasingly becoming the subject of scientific discussions and debates. After all, the percentage of infertile couples who wish to become parents by exercising their right to motherhood/paternity through the use of assisted reproductive technologies is increasing every day. There are many reasons of an objective and subjective nature that affect human health, causing infertility in both women and men. The legislator offers the possibility of using various methods and techniques of ART, one of which is surrogacy. The procedure of gestational surrogacy (substitute) motherhood is successfully carried out in Ukraine. However, a number of issues that arise when using the latter remain outside the attention of the legislator, which causes the need to improve the current civil and family legislation. Therefore, the proposed scientific article summarizes that when analyzing national legislation on surrogacy, an important aspect is to take into account the complex nature of social relations that take place and include legal, moral-ethical, and medical components.
To understand the content of surrogacy (substitute) motherhood as a method of ART, the need for legislative consolidation of legal concepts is justified - “surrogacy”, “surrogate mother”, “surrogacy agreement”. Having analyzed the provisions of the current legislation, the following features of surrogacy were identified: the main goal of surrogacy is the realization by a man and a woman of their natural rights to maternity and paternity; the presence of a genetic connection between the persons (parents) who are expecting a child and the child (embryo); the surrogacy procedure is determined by three criteria: medical, social and legal. Surrogacy is defined as an independent method of ART.
The results of the study can be used in further scientific articles, in the educational process, as well as by subjects of legislative initiative.