PARTIES TO THE SURROGATE MOTHERHOOD AGREEMENT ACCORDING TO UKRAINIAN LEGISLATION
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 9
Abstract
The article deals with the civil-legal regulation of the agreement for surrogacy. Special attention was focused on the parties to this agreement. Article studies genetic parents and surrogate mother as parties to the Surrogate Motherhood Agreement. It analyzes Ukrainian legislation and the views of scientists, who deal with the questions of surrogate motherhood. In the course of the study, it was found that the demands put forward by legislation to potential genetic parents are following: 1) to have a marriage, registered in the Civil Registration Office; 2) be full-aged capable persons and have medical condition for assisted reproductive technologies in the form of surrogate motherhood. The study analyzes Order of the Ministry of Health of Ukraine "On Authorization of the Order for the Application of Assistive Reproductive Technologies" No. 878, which specifies the requirements for a woman who wants to be a surrogate mother, namely: full age, legal capacity, absence of medical contraindications, the presence of a healthy child and voluntary written consent. It was found which responsibilities belong to the surrogate mother and which to the genetic parents. Article offers terms of the Surrogate Motherhood Agreement, which are to be included to protect the rights of the parties and of the future newborn child. It was studied that the Surrogate Motherhood Agreement is civil-legal, bilateral, paid or unpaid and must be drafted in a written form with a mandatory notarial certificate. The study reveals that for today the issue of surrogate motherhood is not regulated by Ukrainian legislation and offers the adoption of a single normative legal act on surrogate motherhood.
Authors and Affiliations
Tаtyana Yamnenko, Victoria Babkova
Keywords
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- EP ID EP570639
- DOI 10.25313/2520-2308-2018-9-4537
- Views 138
- Downloads 0
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