Legal and ethical dilemme in surrogate maternity u private international law

Abstract

The coming time and the growing presence of surrogate motherhood brings new legal, bioethical and moral dilemmas in biomedically assisted fertilization and birth for another. Does man as a subject of law and his dignity reject the possibility of legalizing experimentation and exsploatation as well as mans destructionor it takes place with the aim of improving mans life and himself as a supreme good and modern achievement. In the legal systems of the countries, there are different legal regulations, due to which there is a need to determine the applicable law that would solve the issue of surrogate motherhood, which mother is considered the mother of the child, genetic or gestational. The rules of national private international law should answer this question using not only analogy and extensive interpretation, but also the creation of a special conflict norm to build a new relationship. The countries of the world legally regulate gestational surrogacy in very different ways. Biomedicine has an advantage over the legal regulation of relationship arising from surrogate motherhood. Legal regulations lags behind development, opportunities and what is happening in the field of biomedicine. The is way surrogate motherhood remains unregulated in many countries, often prohibited and only sometimes only allowed and legally regulated.

Keywords

• surrogate motherhood
• assisted reproduction
• genetic mother
• gestation mother
• parental rights
• aplicable law