Some aspects of notarization of the surrogacy agreement

Abstract

Relevance of the problem under research is due to the fragmentary character of the regulatory framework for concluding a surrogacy agreement both in Ukraine and foreign countries, which does not solve the full range of problems that arise in law enforcement practice. Moreover, the issue of notarization of the surrogacy agreement is not clearly regulated. The study aims to analyze the existing legal regulation of theoretical and practical aspects of the conclusion of a surrogacy agreement and draw certain conclusions and scientific provisions on the notarization of the surrogacy agreement. The leading research methods used for a comprehensive examination of surrogacy and surrogacy agreement, in particular, were the following: normative semantic method, general logical methods of cognition, comparative and formal legal methods, generalization, historical method, and systemic and structural-functional method. The results of the research proved the need for the legislative regulation of surrogacy. The implementation of a notarial form of the surrogacy agreement will significantly reduce the risk of adverse consequences for the parties and the criminal component in this segment of this service. A separate law on the regulation of surrogacy should be adopted in Ukraine, which also concerns all other types of assisted reproductive technologies.