PRELIMINARY DRAFT OF THE SERBIAN CIVIL CODE IN THE FIELD OF SURROGACY THROUGH THE LENS OF COMPARATIVE FAMILY LAW
PRELIMINARY DRAFT OF THE SERBIAN CIVIL CODE IN THE FIELD OF SURROGACY THROUGH THE LENS OF COMPARATIVE FAMILY LAW

Summary/Abstract: At the end of the year 2014, the Comission for Civil Law Codification and making the Serbian Civil Code has presented the text of the Preliminary Draft prepared for the public discussion concerning family law issues. This text has been awaited with much attention, especially after some innovative suggestions that have been made in the first version of the Preliminary Draft from 2011 which caused much turbulence in scientific community, particularly in the domain of family law where many radical changes have been announced. Somehow the idea of the draftmakers to regulate surrogacy for the first time has provoked many discussions and debates in the media. Unfortunatelly, the text of the Preliminary Draft from 2014 did not bring bigger improvement since many of the key issues regarding surrogacy have remained unsolved. Furthermore, some new alternatives were added to the text making the surrogacy picture from the Preliminary Draft even more complex and unclear. In this paper, the author makes the effort to consider some of the suggested solutions from the Preliminary Draft in the light of comparative law, particularly concerning the types of surrogacy, parties to the surrogacy agreement and the modalities for establishing legal parenthood in the context of surrogacy.

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