Legal conflicts of application of turnover technology by foreigners in Ukraine and ways to overcome them

The relevance of the study is due to the fact that in Ukraine there are currently no clear legal requirements for the procedure of surrogacy. The relatively low cost of assisted reproductive services leads to significant demand among foreigners for the use of surrogacy. This raises the question of the need to improve the legal framework for the use of surrogacy technology. This determines the purpose of the study – to establish legal conflicts between the use of surrogacy technology by foreigners in Ukraine, to develop mechanisms to overcome them. The study used a methodology that embodies an interdisciplinary approach that allows systematic analysis of theoretical and practical aspects of legal conflicts in the use of surrogacy technology by foreigners in Ukraine, as well as develop proposals for their elimination. The article examines certain aspects of legal regulation and legal conflicts in the use of surrogacy technology for foreigners in Ukraine. Attention is drawn to the fact that in Ukraine more than 80% of married couples who have used the services of surrogacy are foreign citizens. The arguments for and against the prohibition of surrogacy for foreigners in Ukraine are disclosed. Attention is drawn to the need to guarantee the balance of private and public interests in the legislative regulation of surrogacy. The procedure for applying the surrogacy procedure for foreigners in Ukraine, the problems of concluding and terminating an agreement on surrogacy services, as well as the procedure for registering the birth of a child have been investigated. The need to amend the legislation of Ukraine and the establishment of a ban on unilateral refusal from the surrogacy agreement after the embryo has been implemented is argued. Based on the analysis of judicial practice, it was established what problems may arise in the registration of paternity and maternity by foreign genetic parents in connection with the application of the surrogacy procedure by foreigners in Ukraine in cases where their native legislation does not permit or restricts surrogacy. It has been established that, regardless of the prohibition or restriction of the use of surrogacy in the country, if the child was born to citizens of such parents abroad, the European Court of Human Rights comes out from the position of protecting, first of all, the rights of the child and his best interests. It is proposed to adopt at the level of an international act unified approaches to determining the origin of a child born as a result of the use of surrogate motherhood technology to eliminate legal conflicts.

assisted reproductive technologies, surrogacy, foreign nationals, law, court decisions