The nature and features of surrogacy as an assisted reproductive technology

Abstract

The purpose of the article is to analyze certain aspects of modern discourse concerning the nature of surrogacy and its features, including the outline of the main legal obligations arising from the surrogacy technology application. The methodological basis of this work is a system of methods, scientific approaches, techniques, and principles that were aimed at achieving the study objectives. Universal, general scientific and special legal methods were used. Thus, for example, the methods of analysis, synthesis, induction, and deduction allowed to generalize the acquired knowledge, which became the basis of scientific intelligence, while the comparative method allowed to explain the specifics of normative regulation of the studied issues in separate countries. On the basis of the research, various scientific approaches to the concept of surrogacy, its types and the main legislative regimes for its application were analyzed, based on the experience of foreign countries. Since the state is responsible for creating and ensuring effective mechanisms for the realization of reproductive rights of citizens, the authors emphasize the need for clear legislative definition and regulation of legal obligations in the application of surrogacy technology, including responsibilities mentioned in the research, namely: the obligation of the surrogate mother to transfer the child to the expected parents after birth and the obligation of future parents to officially recognize the born child and accept parental responsibility for it. This would make it possible to protect the rights and interests, in particular, of children born through the use of surrogacy technology, as well as the reproductive rights of the child's future parents and the rights of the surrogate mother.