The Surrogacy Contract: The Legal Nature and Problems of Legal Regulation

Abstract

Introduction: the paper deals with the problem of the legal regulation of the surrogacy contract. The complex nature is emphasized, and the main approaches to determining the legal nature, subject, and object of such a contract are highlighted. Particular attention is paid to the lack of consensus on the legal nature of such a contract, its legal definition, and the legally established rights, obligations, and responsibilities of the parties for breach of obligations. A comparative law analysis of Russian and foreign legislation is carried out. Purpose: to conduct a conceptual analysis of the legislation of both the Russian Federation and neighboring countries in the field of regulation of surrogacy contracts and to study the legal nature of the surrogacy contract. For this purpose, the provisions of the legislation of the Republic of Kazakhstan and the Republic of Belarus are considered; in addition, modern approaches to determining the legal nature of the surrogacy contract are studied. In the course of composing this work, a variety of methods were employed, including general scientific approaches such as analysis and synthesis of legal doctrines and legislative norms, as well as special legal methods such as comparative legal analysis and formal legal analysis. Results: as the regulation of the surrogacy contract in the legislation of the Russian Federation is not sufficiently developed, it creates legal gaps. The conclusion is made about the civil legal nature of the surrogacy contract.