РАДНОПРАВНЕ ПОСЛЕДИЦЕ СУРОГАТ МАТЕРИНСТВА

Abstract

Regulation of surrogate motherhood includes consideration of labour law implications on the status of the surrogate and intended mother as well. After determination of the concept and type of surrogate motherhood, the paper deals with comparative legal responses of countries which adopted specific legislation in this field. Recent cases initiated and completed before the European Court of Justice favor the regulation of labour implications of surrogacy agreements. The right to a paid maternity leave, including the health insurance rights, has to be recognized to the surrogate and intended mother, taking into account their specific needs. The aim is to protect the mental and physical health as well as the right to a family life within the concept of the right to decent work.