Soluții legislative și practici judiciare în materia reproducerii asistate medical cu mamă surogat
Legislative solutions and judicial practices in the field of medically assisted reproduction with a surrogate mother

Summary/Abstract: Assisted reproductive technologies, such as in vitro fertilization and assisted reproduction with a surrogate mother, provide a positive response to infertility related problems and have succeeded in taking the ways of procreation of homo sapiens to a new level. To deal with new medical technologies that promise to revolutionize the ways in which human reproduction takes place, in this article, we aim to analyze some aspects regarding the current legal regime of surrogacy in Romania and other European countries and the legislative shortcoming to be covered and to draw attention to the need to harmonize national laws, as more and more couples decide to have a child in „surrogate friendly” countries, even though, on return to their country of origin a series of legal uncertainties on these techniques awaits them. The article includes a number of aspects related to surrogate agreements, on the one hand, by presenting the types of surrogate and by formulating a general definition of this agreement, onerous or not, between the surrogate mother and the parent(s) of intent, and on the other, partly by presenting the different approaches of surrogacy among European states. At the same time, the article highlights some aspects regarding surrogacy both from the practice of national courts and from the jurisprudence of the European Court of Human Rights.

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