On (Non)applicability of the General Rules on the Contract and Obligations to the Contract with a Surrogate Mother

Abstract

Despite the fact that a lot of research has been devoted to surrogate motherhood as a phenomenon of social life, most of the research is focused on the question of whether surrogate motherhood is permissible in principle. This article proposes to reveal all the details. The analysis showed that the specifi city of regulated relations leads to numerous taboos, silence of both the legislator and judicial practice in relation to many problems arising in connection with surrogate motherhood. It is proposed to use the criterion of the best interests of the child as a means of checking to what extent the general rules of civil law on contracts and obligations are applicable to the regulation of surrogate motherhood relations. Conclusion: the general provisions on contracts and obligations are applicable to fi ll in the gaps in the legal regulation of surrogate motherhood relations, but only subject to mandatory verifi cation whether each case of application is in the best interests of the child.