February 8, 2023

Due to medical problems, not all couples can become parents. Surrogacy is a technology that solves such an important problem. During the process, the biological parents provide their genetic material for fertilization, and the child is carried and born by another woman. Fertilization in this case takes place through IVF. In this case the surrogate motherhood guarantees the legal status of the biological parents. Besides, the law allows solving the problem even in the cases when a man and a woman have no family.

Legal aspects of surrogacy in different countries

Due to the imperfect legal base, surrogacy is not only an opportunity to become parents, but also an issue in which legal aspects play the most important role. Every country has a different interpretation of this technology depending on the state policy.

The up-to-date legal framework as well as a competently drafted contract is aimed at fully eliminating all risks in case a woman decides to claim a newborn due to any reasons. In the existing Ukrainian courts such attempts were suppressed, and the surrogacy issue in Ukraine was resolved in favor of the biological parents. The law protects the rights of the surrogate parent as well. The same approach is used in several other states, South Africa, Kazakhstan, and most states of the USA. However, legal aspects of surrogacy may differ considerably from country to country. In Israel and Holland women who have decided to turn to such a program cannot advertise their services. In Israel, there are great difficulties with the legal aspects of registering a newborn, and a woman who has carried a child can easily achieve the right to be considered the mother. Countries in the Middle East categorically deny such a program. They are supported by several European states, including France, Germany, and Scandinavian countries.

For the state to fully protect the interests of a woman, she must be a citizen of Ukraine. In this case, her safety and legal support will be ensured.

Ethical and Religious Aspects

The Orthodox view of surrogacy is rather harsh. Representatives of the church believe that it undermines such basic foundations as the sanctity of marriage and the family. In their opinion, reproduction of humans is not the main factor for concluding a marriage union. If someone in a couple cannot have children, then the other should accept the situation as it is without trying to solve the problem through this technology. The religious aspects of surrogacy in Muslim countries are somewhat different. If polygamy exists, a child may be born to another wife as well. The ethical aspects of surrogacy also require thoughtful consideration. Opponents of the technology believe that in such situation children may become a commodity, a source of enrichment for certain persons at the expense of others. Ethical problems with surrogacy may arise in the future, when the question of whether the child should be told how it will be born or whether he or she should get acquainted with the woman who gave birth to him or her becomes an issue. One should not exclude such a factor as the development of maternal instinct in the surrogate mother, which will become a reason of psychological trauma.

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Despite religious beliefs, surrogacy is the only chance for infertile couples to have a biological child.