Komercijalno surogatstvo, reproduktivni turizam i trgovina maloletnim licima radi usvojenja
Commercial surrogacy, reproductive tourism and trafficking of minors for adoption

Summary/Abstract: Reproductive tourism is connected with numerous challenges, and such practices can often jeopardize protection of basic human rights. Commercial surrogacy is contrary to the norms of international law on prohibition of the sale of children. Therefore, international law seems ineffective in relation to the countries recognized as centres of commercial surrogacy, as a lucrative industry. On the other hand, in countries that ban surrogacy, norms prohibiting trafficking of minors for adoption are ineffective abroad, and therefore the parents can engage in international surrogacy. The principle of the best interests of a child requires the protection of children who return to the country of origin of their intended parents, after the completion of international surrogacy. If the case law of the European Court of Human Rights is taken into account, it seems that this principle implies that the parenthood of the intended parents must be recognized, but only if there is a biological connection of the child with at least one of the parents

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