Legal Regulation of Surrogacy in Ukraine: Current State and Prospects

The article examines the main problems of legal regulation of the institute of surrogate (substitute) motherhood in Ukraine. The author emphasized that the issue of legal regulation of surrogate motherhood in Ukraine has long been in need of a solution, because the question of determining the legal status of a surrogate mother and a child born as a result of the use of such assisted reproductive technologies, the issue of the legal status of parents and a health care institution, has caused many comments. uses assisted reproductive technologies of surrogate motherhood.

In the article, the author analyzed the main regulatory legal acts regulating the institution of surrogate motherhood as an additional reproductive technology, including international legal acts on these issues.

In the article, the author notes that an important role in the regulation of relations in the field of additional reproductive technologies, in particular, surrogate motherhood, is played by the contract itself, in particular, the application of the contract as a regulator of legal relations is determined by the norms of civil legislation, in particular, Article 6 of the Civil Code of Ukraine provides that the parties have the right to conclude a contract , which is not provided for by acts of civil legislation, but corresponds to the general principles of civil legislation.

Among the priority issues that need the attention of the state in the regulation of relations in the field of surrogate (substitute) motherhood, according to the author, is the need to prohibit foreign citizens and stateless persons from using surrogate motherhood services in Ukraine. Also, the author considers it necessary to regulate the legal status of the surrogate mother at the legislative level, namely, to enshrine in the legislation not only her right to compensation for expenses related to her provision of services for carrying and giving birth to a child, but also the right to compensation for damage by customers in the event of loss the health or death of a woman, which occurred as a result of pregnancy, the birth of a child in the case of the application of reproductive technologies to her; the right to information about the consequences for a woman's life and health in the case of the use of surrogacy reproductive technologies; the right to confidentiality of information about a woman who has become a surrogate mother.