Surrogate Motherhood – the European Legal Landscape
DOI:
https://doi.org/10.55073/2022.1.65-83Keywords:
assisted reproduction, family law, gestational surrogacy, marriage, matrimony, pretction of families, reproductive medicine, surrogate, traditional surrogacyAbstract
Surrogate motherhood is a fascinating topic that has been part of human history since time immemorial and still provides kindling for discussion in the twenty-first century. Despite its ancient origin and current topicality, in many ways, surrogacy remains under-discussed. There is no clear consensus on how to deal with it: some important values will be jeopardized regardless of the route we take. Recent developments and research in the area of human reproductive medicine have resulted in a continuous increase in surrogacies each year, so it is paramount to consider the moral, ethical, and legal implications of the practice. This article examines the history of surrogacy laws, the enforceability of surrogacy agreements, and the current legal landscape of surrogacy in Europe.