Problems of Concluding Surrogacy Agreements: Practice of Ukraine and the EU

Abstract

The aim of the article was to identify and analyses typical problems of concluding surrogacy agreements in the context of supranational challenges and pandemics. This aim was achieved with a view to the peculiarities of the legal status of surrogacy in leading European countries. Methods of observation, comparative legal analysis and legal simulation became the basic methodological tools. The study resulted in grouping of the European countries according to the state of surrogacy legalization, as well as outlining the leading problems of concluding and executing surrogacy agreements. It was stated that women in current realities are becoming commercial gestational carriers, and are not acting in the best interests of the child. The study proves a high degree of levelling of the terms of surrogacy agreements in Ukraine, which requires immediate legislator’s response. It is argued that the approach to altruistic surrogacy has the potential to eradicate commercial agreements in a cross-border context. Further author’s research will focus on establishing a unified and optimally effective international approach to solving problems of concluding surrogacy agreements.