CEU Electronic Theses and Dissertations, 2014
| Author | Isterevych, Tetiana |
|---|---|
| Title | INTERNATIONAL SURROGACY ARRANGEMENTS: THE PROBLEM OF RECOGNITION OF LEGAL PARENTHOOD |
| Summary | The practice of cross-border surrogacy brought to international arena the matters that before were governed purely by national policies. The recognition of parent-child relationship is one of such issues. In the setting of surrogacy parenthood is perceived as a social construct based largely on the intent of commissioning parents and not on their biological relation. The determination of parenthood in international surrogacy agreements raises many problems that affect the rights of all persons involved, especially the most vulnerable ones – children. The conflict of domestic laws on surrogacy and parenthood exposes the child born out of a surrogacy agreement to the risk of being left parentless and stateless. This paper demonstrates that the difference of national laws is a cause of numerous challenges that intended parents face when pursuing cross-border surrogacy arrangements. It explains the different approaches to surrogacy and recognition of parenthood on the example of three countries: Ukraine, the United Kingdom and France. Furthermore it models the interaction of these countries in the role of providers (Ukraine) and consumers (the UK and France) of surrogacy services and illustrates it with the examples of actual cases. Finally, this paper stresses the need for international regulation of cross-border surrogacy, considers the possible options for its implementation and offers a framework for the development of a comprehensive multilateral instrument designed for the needs of foreign surrogacy. |
| Supervisor | Sándor, Judit |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/isterevych_tetiana.pdf |
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