SURROGACY AS A FORM OF THE THIRD-PARTY REPRODUCTION IN THE BIOMEDICALLY ASSISTED FERTILIZATION ACT OF REPUBLIC SRPSKA
SURROGACY AS A FORM OF THE THIRD-PARTY REPRODUCTION IN THE BIOMEDICALLY ASSISTED FERTILIZATION ACT OF REPUBLIC SRPSKA

Summary/Abstract: The Biomedically Assisted Fertilization Act introduces the third-party reproduction as a form of assisted reproduction. Third-party reproduction or donor-assisted reproduction refers to involving someone other than the infertile couple in the process of reproduction. This includes using the donated eggs, sperm or embryos and surrogacy. The Biomedically Assisted Fertilization Act allows partial third-party reproduction, because surrogate motherhood is still strongly prohibited. Apparently, surrogacy produces more ethical and legal questions than donations of gametes. Involving a third party into the process of assisted reproduction through the donation of gametes produces similar ethical and legal questions as surrogacy. Prohibition of surrogacy deprives those in need of their right to procreate which is their human and constitutional right. Women afflicted with uterine anomalies, recurrent miscarriages or repeated implantation failure view surrogacy as their only chance to have their own children. Also, health-involved risks with repeated bio-medically assisted fertilization, are not negligible and surrogacy can help in the prevention of these risks.

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