THE RIGHT TO REPRODUCTION IN THE CONTEXT OF THE MODERN DOCTRINE OF CONSTITUTIONALISM
THE RIGHT TO REPRODUCTION IN THE CONTEXT OF THE MODERN DOCTRINE OF CONSTITUTIONALISM

Summary/Abstract: The development of biomedical technologies has enabled the procreation using the latest reproductive technologies, among which the method of surrogacy is the most radical. Therefore, qualitative legal regulation of this issue is essential to avoid the problems that accompany it, in particular, human trafficking, exploitation of women and children, discrimination on various grounds, failure to fulfill obligations by the parties to such legal relations, violation of the fundamentals of legal identity of the child born with the help of this method. Therefore, this article is intended to provide a legal analysis of the use of the right to reproduction by the method of surrogacy. Thus, we reveal the legal nature and formation of the institution of surrogacy. In the next part of this study, we reveal the basic foundational principles of commercial surrogacy as the most controversial form of reproduction. Surrogate motherhood is a chance not only for infertile couples to become parents, but also for same-sex couples (if such relations are legalized in the country domestic law), or couples where one of the partners has health problems other than infertility, which makes it difficult for a person to carry a baby on their own.

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