UPOREDNOPRAVNI PRIKAZ NORMI O SUROGAT MATERINSTVU – OSVRT NA BOSANSKOHERCEGOVAČKO PRAVO
COMPARATIVE LEGAL OVERVIEW OF PROVISIONS ON SURROGACY - A REVIEW OF RESPECTIVE LEGISLATION IN BOSNIA AND HERZEGOVINA

Summary/Abstract: Surrogacy is an interesting and contemporary topic that engages legal theorists and practitioners at national, European and international levels. It is a procedure that allows another woman to have a pregnancy and give birth to a child with the intention of handing that child over to a couple who “ordered” the child. The authors will point out in the paper the diversity of national regulations: a number of states explicitly prohibit or does not legally regulate surrogacy. In others, it is allowed under different conditions, which together with the absence of international regulation causes numerous problems of private international law character, first of all recognition of the parental relationship acquired abroad and the related legal status of the child born abroad under a surrogacy arrangement. The presentation of different legal models does not aim to identify one solution as the best - the “ideal system” if any - but to highlight the legal problems that surrogacy causes internationally. These problems are very similar regardless of the country in which they occur. The paper will also present the existing legislation in Bosnia and Herzegovina as a complex state, and point out the complexity of the issues that foster the legal uncertainty of the parties in this regard.

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