CURRENT TRENDS IN SURROGACY THROUGH THE PRISM OF DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS
DOI:
https://doi.org/10.33244/2617-4154-2(19)-2025-248-254Keywords:
reproductive human rights, surrogacy, new human rights, ECHR decisions, fatherhoodAbstract
The article examines the legal aspects of the realization of individuals' reproductive rights, which relate to the ability to exercise control over one's own reproductive health, in particular, to make decisions regarding fertilization, pregnancy, medical procedures related to reproduction, and ensuring access to such medical services. This branch of law is considered to be the newest generation of human rights, as it emerged as a result of the large-scale development of humanity at the beginning of the twentieth century. Based on the analysis of ECHR decisions and Ukrainian legislation, current trends in surrogacy are identified. It is determined that surrogacy, as a form of reproductive assistance, is attracting increasing attention at the international level.
Artificial insemination or in vitro fertilization (IVF) is a method that helps overcome infertility by fertilizing an egg outside a woman's body, followed by implantation of the embryo into the uterus. Legislation in some countries regulates this process, for example by requiring appropriate medical indications or by setting limits on the number of embryos that can be implanted.
Currently, the main issues that arise in the international community regarding surrogacy are as follows:
– defining the boundaries between the right to autonomy and the right to protection of life;
– the influence of religious and cultural norms on legislative and medical practices;
– the right of every person to access medical services related to reproduction without discrimination.
Reproductive rights in most civilized countries are actively regulated by laws aimed at protecting the health and rights of women and men, ensuring equal access to medical services.
In Ukraine, surrogacy is regulated by law, in particular the Family Code of Ukraine and other regulatory legal acts. However, the issue of surrogacy remains controversial and has many ethical, legal and social aspects.
