Legal Considerations Surrounding Surrogacy in Ukraine

Reznik, Oleg; Yakushchenko, Yuliia

doi:10.36740/wlek202005139

Cited by 12 publications

(6 citation statements)

References 9 publications

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“…In addition, she highlighted key points in court proceedings for paternity of a child born to a surrogate mother in another state. We agree with Reznik & Yakushchenko (2020), who mentioned that at the legislative level, there are no requirements for the form of the agreement, and therefore, it is advisable to specify that surrogacy agreement should be concluded in writing, notary-certified and registered by the state. The notary will certify that the parties signing the agreement acted voluntarily, understanding their actions and the provisions of the agreement.…”

Section: Literature Reviewsupporting

confidence: 64%

Some aspects of notarization of the surrogacy agreement

et al. 2021

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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.

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Section: Literature Reviewsupporting

confidence: 64%

Some aspects of notarization of the surrogacy agreement

et al. 2021

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“…For instance, individuals in countries with limited or restricted surrogacy access often opt for overseas surrogacy arrangements. Ukraine, where commercial surrogacy is legal, becomes an attractive destination for intended parents seeking surrogate mothers (Reznik & Yakushchenko, 2020).…”

Section: Discussionmentioning

confidence: 99%

Psychosocial Health Among Surrogate Mothers

Jutharat,

Mark,

Yuri

2024

Proceedings of the International Conference on Public Health

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This study investigates the psychosocial health of Thai surrogates with a focus on advancing the devel-opment of surrogacy health promotion and policy at both national and international levels. Employing semi-structured telephonic interviews with fifteen Thai women who had served as surrogates within the previous seven years, the research identified four thematic dimensions-mental, environmental, social, and spiritual healthunveiling various aspects of surrogates' psychosocial well-being. Despite generally positive sentiments and the absence of perceived health risks, the study uncovered a noticeable impact on psychosocial health outcomes. The conclusion underscores the complexity of surrogates' psychosocial well-being, emphasizing their understanding of roles, spiritual fulfillment, and familial support. Addition-ally, it sheds light on unforeseen consequences of surrogacy bans, advocates for regulatory reform, and stresses the imperative for international cooperation to safeguard the well-being of all involved in surro-gacy.

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“…In 2008, Jacilyn Dalenberg became not only the oldest surrogate mother in history, giving birth to a healthy baby at the age of 56 (Patel et al, 2018), but this case brings with it new legal challenges because this surrogate mother carried the pregnancy for her own child, essentially giving birth to her grandchildren. In 2009, Ukraine adopts a law (Reznik & Yakushchenko, 2020), which was very permissive regarding the surrogacy, essentially allowing all forms of surrogacy, so that it becomes the pole of interest for international surrogacy, not only at the European level, but worldwide. The case of Ukraine opens other topics of debate, regarding the medical tourism (Deech, 2003), a practice whereby couples who cannot conceive with the help of a surrogate in their own country, due to legislative prohibitions in that country, decide to move to a legally permissive country, where their child will be born, and to return later with that child in their own country where their parental rights, acquired in the state where the child was born, will be recognized, based on the laws of private international law.…”

Section: Discussionmentioning

confidence: 99%

Surrogacy in the Context of Reproductive Rights

Terec-Vlad

2023

EJLPA

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The evolution of the medical technologies has also transformed the surrogate, from the traditional surrogate to the gestational surrogate, from the surrogate with the embryo of the infertile couple to the surrogate with embryos from donors or with embryos obtained from gametes taken from donors (surrogate mother or another person), from carrying a pregnancy by a woman of biological reproductive age and up to carrying a pregnancy by a woman past the reproductive age, all these stages or forms of surrogacy imply various debates in the medical, bioethical and, of course, human rights literature. As the forms of surrogacy diversified, the multitude of rights that had to be balanced (of the infertile couple, of the parents, of the surrogate mother, of the embryo in vitro or of the embryo transplanted into the uterus) were also increasingly difficult to quantify, to define as legal and to keep in a fair balance.

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Legal Considerations Surrounding Surrogacy in Ukraine

Cited by 12 publications

References 9 publications

Some aspects of notarization of the surrogacy agreement

Some aspects of notarization of the surrogacy agreement

Psychosocial Health Among Surrogate Mothers

Surrogacy in the Context of Reproductive Rights

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