Surrogate maternity: Legal regulation of the issue in the European countries and in Ukraine.

1. Surrogate maternity : Legal
regulation of the issue in the
European countries

2. The Contents
oWhat is surrogacy?
oTypes of surrogacy
oSurrogacy in Europe
oSurrogacy in Ukraine
oConclusions

3. What is Surrogacy
Surrogacy is a kind of
Assisted Reproductive
Treatment according to
which a Surrogate
mother carries a child on
behalf of another couple
– intended parents.

4. What is Surrogacy
o A surrogacy arrangement is one where a
woman offers to carry a baby through a
pregnancy on behalf of another woman (the
intended parent).
o At first consideration it may appear a simple
solution to this problem as the medical
procedures are relatively straight forward.
However, surrogacy involves complex
psychological, physical and legal issues for both
sides.

5. Types of Surrogacy
Commercial
surrogacy
Altruistic
surrogacy

6. Legal Regulation of Surrogacy in Europe
Both gainful and altruistic forms are legal Only altruistic is legal
Banned Unregulated/uncertain situation

7. Surrogacy is forbidden in
Austria
Germany
France
Norway
Sweden
Estonia
Spain
Italy

8. ITALY
Italian legislation is one of the most conservative among
the European countries.
According to the Law №40 “About the Norms of Assisted
Reproductive Technologies”, not just surrogacy in Italy is
completely prohibited but other kinds of reproductive
technologies are strictly limited.
Such negative attitude and strict limits are caused
by aggressively-oriented Catholic Church which is
completely against surrogacy in Italy viewing it as
intolerable kind of infertility treatment.

9. ITALY
o deprivation of liberty
for up to 2 years
o fine at the rate of
600000 – 1000000€
It is Prohibit to provide, organize and
advertise surrogacy in Italy.

10. FRANCE
o Since 1994 any surrogacy arrangement that is
commercial or altruistic is illegal or unlawful
and is not sanctioned by the law (art 16-7 of
the Code Civil).
o The doctors are
involved to
responsibility, but not
the parents or
surrogate mothers.

11. Only altruistic surrogacy is
allowed in
United Kingdom
Denmark
the Netherlands
Hungary

12. Surrogacy is not regulated by
legislation in
Belgium
Greece
Finland
Due to the lack of
regulation of surrogate
motherhood, the
agreement between the
parents and the surrogate
mother has no legal force.

13. UKRAINE
o Ukraine is one of the most surrogacy-friendly
countries in the world.
o All the legal aspects are regulated by legislation
(Art. 123 of Family Code of Ukraine)
o Surrogacy is legal in Ukraine for married couples,
but NOT for single or same-sex couples.
o Unlike another countries, the intended parents
don’t have to “adopt” the child. The child is
registered at birth as the baby of the intended
parents and never the surrogate’s.

14. Rights and Duties of
Surrogate Mother
o There is no differences between the rights of
a simple pregnant woman and a surrogate
mother.
o Despite the fact that a surrogate mother gives
birth to a child, she is neither biologically nor
genetically connected with a baby.
o Since the beginning of the surrogacy journey
a surrogate mother must be registered at the
clinic. She should act as a responsible and
serious person.

15. Conclusions
o Surrogacy is gaining popularity every year,
because every 7th couple suffers from infertility.
o Surrogacy is one of the most effective methods of
infertility treatment and it is the only one chance
for infertile couples to have children. In spite of
this, there are a lot of controversy about
surrogacy, namely legal, psychological and
ethical. Every country has its own laws and
ethical rules which regulate surrogacy.

16. Thank
you for your attention