Institute of surrogate motherhood: problems of collision norms
Journal Title: Альманах міжнародного права - Year 2016, Vol 14, Issue
Abstract
This article deals with the problems of surrogacy in international private law. The author is analyzing specific case examples and emphesizing significant diversity in national laws governing surrogacy. Surrogacy arrangements are prohibited in some States, permitted in other States and unregulated in others. The variety of domestic responses to surrogacy has led to a situ- ation where infertile couples seeking to have a child through surrogacy travel from one country to another, purposely choosing “surrogacy – friendly” jurisdictions as their destinations. In doing so, they effectively avoid restrictions imposed on surrogacy in their jurisdiction. Cross-border travel for the purpose of hiring a surrogate mother has been termed as “procreative tourism”. It is usu- ally the case that the law lags behind medical advances and corresponding social developments. Unfortunately, international surrogacy is not an exception. Indeed, there is a complete void in the international regulation of surrogacy arrangements, as none of the existing international instru- ments contains specific provisions designed to regulate this emerging area of international family law. In the absence of a global legislative response, highly complex legal problems arise from in- ternational surrogacy arrangements. Among these problems, the most prevalent are the question of legal parenthood and the nationality of the child. The absence of uniform private international law rules or approaches with respect to the establishment and contestation of parentage can lead to conflicting legal statuses across borders and can create significant problems for children and families, e.g., uncertain paternity or maternity, limping parental statuses, uncertain identity of the child, immigration problems, uncertain nationality or statelessness of the child, abandonment including the lack of maintenance.
Authors and Affiliations
Н. М. КВІТ
Keywords
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