LEGAL REGULATION OF SURROGATE MOTHERHOOD: INTERNATIONAL EXPERIENCE

Recently, problems related to reproductive rights have become particularly acute. At the same time, reproductive rights and reproductive behavior are an area that harbors a lot of dangers and provides a good ground for political manipulation, especially in the context of ignorance of citizens in this field. Medical science has developed a number of methods for the treatment of infertile marriage, including extracorporeal fertilization and embryo transfer. The use of reproductive technology and its successes have been widely viewed by researchers and the public alike. The purpose of the study is to analyze the legislative, doctrinal and moral aspects of reproductive rights and to identify effective legal measures to improve the legal regulation of surrogate motherhood in Ukraine and the proper legal protection of the child before and after birth. The author concluded that in many countries with a licensing or altruistic regime, many aspects of the use of assisted reproductive technologies and surrogate motherhood remain unregulated. There is no clear understanding of all the principles and standards governing the use of assisted reproductive technologies and surrogacy agreements. In general, the legislation lacks sufficient standards and provisions to protect the rights of parties to surrogacy agreements. The most controversial issues are the rights of the surrogate mother, the expectant parents and the children born as a result of the surrogate motherhood. Techniques that cause separation of paternity from marriage due to the intervention of another person (donation of sperm or eggs, carrying a child to another woman) profoundly violate the child's right to be born of a known father and mother related to marriage. When these methods are applied within the spouse, they also remain morally unacceptable because they share sexual intercourse and reproductive act.