The private-legal nature of the application of the methods of assisted reproductive technologies in Ukraine

Abstract

Aim: Analyze the legislation, judicial practice of Ukraine and EU countries, scientific views on surrogacy, as well as the procedure for legal regulation and registration of the procedure of surrogacy. Materials and Methods: The following materials were used to write the scientific work: the practice of a number of countries was analyzed; scientific works have been studied; some methods of assisted reproductive technologies are described; the practice of the European Court of Human Rights is analyzed. When conducting the research, a methodology was used that embodies an interdisciplinary approach, which allows for a systematic analysis of theoretical and practical aspects of legal relations arising from the provision of medical services. Conclusions: At the legislative level, the provision of medical services (surrogate motherhood services) is partially regulated, therefore the basis of the legal relationship between the performers (surrogate mother) and the customers (genetic parents) is the contract concluded and signed by the parties on the provision of surrogate motherhood services. A contract in defined legal relations is a source of law. This contract is bilateral, paid and consensual.