EXAMINING LEGAL REGULATIONS OF THE SURROGACY INSTITUTION: A COMPREHENSIVE FRAMEWORK AND ONGOING CHALLENGES

Abstract

This article examines the legal and ethical complexities of surrogacy, highlighting the need for consistent legal frameworks to protect the rights of all parties involved. Surrogacy, offering hope to individuals and couples facing infertility, also presents legal challenges due to varying international and national views on its legality and ethics. The absence of uniform laws leads to issues like "reproductive tourism," where people seek surrogacy in countries with lenient regulations, potentially leading to exploitation due to economic disparities. A major concern is the determination of parental rights and legal parentage, often leading to disputes and emotional distress due to unclear laws. This lack of clarity necessitates definitive legislation to safeguard everyone involved in surrogacy arrangements. Additionally, the involvement of financial compensation raises questions about the commodification of reproduction and the ethical implications of paying for a child's birth. The article stresses that surrogacy laws must be comprehensive and uniform to protect children's rights, surrogates, and biological parents. It calls for a unified approach to regulation, addressing concerns of exploitation, commodification, and the potential use of surrogacy for child trafficking, ensuring that arrangements are voluntary, free from coercion, and ethically sound.

Keywords

• assisted reproductive technologies (art)
• surrogacy
• traditional and gestational surrogacy
• commercial surrogacy
• human rights
• legal vacuum
• prevention of child trafficking