SURROGATE MOTHERHOOD TREATY: LEGAL NATURE

The role of contract in improving regulation of modern private-legal relations is hard to be overestimated. It is one of the most convenient forms of behavior regulation, since the parties of a legal environment can agree any conditions and expect to achieve a pre-determined result. Its role is revealed particularly actively in those relations, which are not completely regulated by legislation. The relations of surrogate motherhood are exactly an example thereof. Being extremely complicated and risky by their nature, the given relations, when passing through the prism of contractual structure, are structured and regulated, thus reflecting the essence of this type of auxiliary reproductive technologies. Legal literature usually justifies the contractual nature of emergence of surrogate motherhood relations. However, legislation does not provide a clear definition of contract notion, its legal nature and structure. These aspects are controversial and raise a lot of questions covered in this essay. Most scientists attribute this contract to unnamed contractual structures, as it does not contradict the provisions of civil and family laws, contains the features that are similar to the provisions of such type of typical contract as a contract on services provision. The legal research of the quality of legal regulation of applying this method of auxiliary reproductive technologies stimulates scientists to make more advanced proposals concerning the subject-matter and legal nature of surrogate motherhood contract.