Approaches to the regulation of surrogacy - Jurfem

Approaches to the regulation of surrogacy

Nowadays, there are opposing views on the legal regulation of surrogacy. The decision of the European Court of Human Rights in the case “Labassee v. France told that each state could decide for itself whether to allow or prohibit surrogacy in its territory”

Therefore, the national law regulates this issue, which often causes conflicts and delays in court proceedings, because of the situations that surrogacy relationships could be among citizens of different states or stateless persons.

In practice, there are the following approaches to the regulation of surrogacy in some states:

  • absolute prohibition.
  • allowed.
  • allowed, but there are legal restrictions.
  • not regulated by law