Some Aspects of Notarization of the Surrogacy Agreement: The Experience of Ukraine and the World

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, there is no clear regulation for the notarization of the surrogacy agreement. 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 were the following: normative semantic method, general logical methods of cognition, comparative and formal legal methods, generalization, historical method, systemic method, and structural and functional method. The research results proved the need for the legislative regulation of surrogacy. If a notarial form of the surrogacy agreement is implemented, it can significantly reduce the criminal component in this service and the risk of adverse consequences for the parties. There must be a separate law on the regulation of surrogacy adopted in Ukraine, which also concerns all other types of assisted reproductive technologies.