SURROGACY IN UKRAINE AND THE WORLD: FEATURES OF LEGAL REGULATION

Abstract

In the modern world, assisted reproductive technologies, in particular, surrogacy, are becoming increasingly widespread, becoming for many childless couples the only chance to experience the joy of parenthood. Ukraine is one of the few countries where commercial surrogacy is permitted at the legislative level, which causes significant interest from foreign citizens. However, despite the existing legislative framework, the legal regulation of this area in Ukraine remains imperfect and gives rise to numerous ethical, social and legal conflicts. The article focuses on the legislative norms regulating surrogacy in Ukraine, including the requirements for program participants and the conditions for conducting surrogacy, judicial practice, and the practice of the ECHR. The article also analyzes approaches to regulating surrogacy in different countries of the world, in particular in the USA, Great Britain, Germany, France, Spain, etc. The variety of approaches is considered - from a complete ban to clearly regulated procedures.

It has been established that surrogacy is a complex ethical and legal category that is regulated by the legislation of different countries in different ways. There are three main approaches to its legal regulation in the world: legalization, prohibition, and partial regulation. Ukraine is one of the countries where surrogacy is legal and regulated by a number of regulatory acts. The study revealed shortcomings of Ukrainian legislation compared to other countries.

It was determined that an important task for Ukraine remains the development of an effective mechanism for legal protection of all parties to the surrogacy program. The demand for reproductive technologies is growing in the world, but the lack of clear international norms and the ambiguity of regulation in different countries create legal conflicts and risks.

A conclusion was made regarding the need to adopt a comprehensive law that would take into account international standards, judicial practice, the needs of citizens and ethical aspects, as well as provide for the procedure and features of concluding surrogacy agreements, requirements for the parties, mechanisms for protecting the rights of the child and procedures for international recognition of paternity.