Abstract
The question of maternity has been a non-controversial one ever since - the woman who gave birth to a child is considered to be the child’s legal mother. This view has become controversial though with increasing progress of reproductive medicine. This articles examines the Polish legal framework of maternity as well as the different contractual solutions between surrogate mothers and the adopting party, shedding light on the legality of such agreements. The article concludes that under current Polish legislation the woman who gave birth to the child is considered the mother. In the legal doctrine, the prevailing view is that contracts on surrogate motherhood are inadmissible. However, the discussion about the issue is still ongoing, and art. 61(9) of the Polish Family and Guardianship Code, which entered into force on June 13, 2009, may not be the legislature's last step of stipulating the descent of a child.
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