Almost at the onset of surrogacy as a method of ART, it has been attracting the attention of society as the way to fulfill the issue of high priority – procreation and family. Surrogacy has become one of the main research objects of bioethics that studies the ethical and moral aspects of the use of new biological and medical technologies.

The main issue of this article is the identification and comparative analysis of the features of the legal regulation of the method of surrogacy in Ukraine and other countries. The particular importance lies in specifying those prohibitions and restrictions, who they are applied to, and how they relate to the human right to procreation. The comparison to the laws of other countries that have a better legal surrogacy regulation will take place.

The theoretical and practical significance of the work is reflected in the fact that the results can be used in the further theoretical development of the legal issues related to surrogacy as one of the methods of human assisted reproduction. The research made it possible to find out the basic terms that are used in the legal regulation of surrogacy.

In the course of the research, it was found out that legal regulation of the use of the ART methods in the word, including surrogacy, varies depending on the jurisdiction. Each country has their laws. Nowadays it is possible to divide legal regulation of the use of the surrogacy method into four basic legal regimes:

 – regime of permission;

 – regime of restriction;

 – regime of complete prohibition (in any form);

– regime of uncertainty.

Ukrainian legislation is considered to be very liberal in relation to surrogacy. Major types of surrogacy, including commercial surrogacy, are permitted and widely used. Moreover, in Ukraine, legislation does not allow traditional surrogacy, and also does not allow couples who do not have a registered marriage, single people, and same-sex couples, to use this method. It should also be borne in mind that the method of surrogacy can only be used for medical reasons.

In Ukraine, taking into account the peculiarities of notarization, agreements (contracts) on commercial surrogacy should be preferably signed by a notary. However, in the legislative norms there is no direct reference to the notarized form of such an agreement.The obtained research results indicate that Ukrainian surrogacy legal regulation is lacking a special law and thus remains fragmented. According to the author, only through the adoption of a special law in Ukraine, it will be possible to make proper legal regulation of basic reproductive human rights, including the application of the method of surrogacy, the peculiarities of concluding surrogacy agreements, post-mortem human reproduction and delayed parenthood.

Bibliography

Authored books

1. Betsill M and Corell E, Gender Violence and Reproductive Rights (WRTO Inc 2002) (in English). 2. Dana D, Contract Children: Questioning Surrogacy (Ibidem-Verlag, 2015) (in English).

3. Field M, Surrogate Motherhood: The Legal and Human Issues (Harvard University Press 1988) (in English).

4. Lee R and Morgan D, Human Fertilisation and Embryology (Oxford University Press Inc. 2001) (in English).

5. Sanders A, Global Surrogacy: Legal Regulation and Support (VERDYS Publishing 2016) (in English).

6. Weisberg D, The Birth of Surrogacy in Israel (University Press of Florida 2005) (in English).

Edited books

7. International Surrogacy Arrangements: Legal Regulation at the International Level (Trimmings K and Beaumont P ed, Oxford: Hart Publishing 2013) (in English).

8. Rothenberg K, ‘Surrogacy and the Health Care Professional: Baby M and Beyond’ in Surrogate Motherhood: Politics and Privacy (Lawrence Gostin ed, Indiana University Press 1990) (in English).

9. The Politics of Population: The International Conference on Population and Development, Cairo 1994 (Johnson S ed, Earthscan 1995) (in English).

Dictionaries

10. The Macquarie Dictionary (2001) (in English).

11. The Merriam-Webster’s Dictionary of Law (Merriam-Webster Inc 1996) (in English).

12. The Osborn’s Concise Law Dictionary (Sweet & Maxwell 2013) (in English).

13. The Oxford English Dictionary (2008) (in English).

Journal articles

14. Zukerman J, ‘Extreme Makeover – Surrogacy Edition: Reassessing the Marriage Requirement in Gestational Surrogacy Contracts and the Right to Revoke Consent in Traditional Surrogacy Agreements’ (2007–2008) 32 Nova Law Review 663 (in English).