Surrogacy and its Legal Regulation in the World


Konstantin N. Svitnev *,

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The right to reproduction is one of the fundamental innate human rights. Surrogacy is the only way to overcome both biological and the social infertility the only chance to have a child of one’s own for millions of people in the world. Unjust and illogical bans deny people this right and lead to the so-called reproductive tourism. The legal status of surrogacy and approach to this issue vary from one country to another. In a number of countries such as Germany France Italy Switzerland and Austria surrogacy is prohibited by law. Other countries such as Great Britain Canada and certain Australian states allow surrogacy programmes only on a non-commercial basis only the expenses linked to the surrogate mother can be reimbursed. Still other countries like Russia Ukraine Belarus Georgia Moldova and a number of US states allow surrogacy on a commercial basis. Yet in other countries like Belgium the issue of surrogacy is not stipulated by law and the woman who gives birth to the child automatically becomes its mother. In some Islamic countries surrogacy is not prohibited by law yet it is not admissible from the point of view of the religious authorities.