Surrogacy – ethics and legal aspects

Abstract

This article presents the concept of surrogate motherhood (surrogacy) indicating the distinction between full and partial surrogacy. It discusses the admissibility of surrogacy in relation to ethics, the major world religions and selected legal systems. The article illustrates the controversy that this concept gives rise to and highlights the fact that international and national legislation fails to keep up with its accelerated development and does not properly regulate the issue of admissibility or ban on surrogacy. The author also attempts to raise the problem of admissibility of concluding surrogacy contracts. He indicates items that could be found in such agreements, discusses the status and the origin of a newborn child and the payment issues involved. Finally, the author addresses the question of what the responsibility of a surrogate mother is and indicates the potential emergence of further controversy over surrogacy connected with the possibility of cloning embryos and genetic engineering. These problems are currently at the discussion stage only, both in the scientific community and in society; however, they can soon become a reality.