Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Ethical and Legal Aspects of Surrogacy in Ukraine and in the World

Author(s): Viktoriia Shchyrska, Viktor Konopelskyi, Yana Popovych, Nataliia Bilianska, Olena Lepei

The article deals with ethical and legal aspects of surrogacy in Ukraine and in the world. It is established that approaches of different countries to legalization of surrogate motherhood are different; accordingly, in some countries the law allows altruistic and commercial surrogate motherhood, while in others it is prohibited and could lead to imprisonment. It is noted that in spite of a number of normative acts in Ukraine there is no legal definition of surrogacy and an approved form of arrangement for surrogate motherhood. It is concluded that a surrogacy contract has characteristic features of a civil contract, while exposure to increased risk and other specific conditions make it necessary to distinguish a separate special type of surrogacy contract. Requirements for surrogate mothers and individuals who intend to become parents of a child in Ukraine and India have been clarified. Emphasis is placed on the need for social protection of women who have given birth to a surrogate child. It is summarized that a special law should be adopted in Ukraine that would take into account the specifics of surrogate motherhood and regulate its proper implementation, and at the regional and international level, respectively, it is necessary to develop a unified position on surrogate motherhood, which will minimize the shadow surrogacy and surrogate motherhood tourism.