Surrogacy: on the examples of Asian countries

Abstract

The paper explores the practice of surrogacy as a form of assisted reproductive technology, distinguishing between commercial and voluntary (altruistic) surrogacy. It specifically examines surrogacy in several Asian countries, including India, Thailand, Cambodia, Vietnam, Kazakhstan, China, and Laos. Also, the paper provides Ukraine’s experience in surrogacy and highlights the negative effects stemming from inadequate legal regulations, especially during times of martial law. The study reveals that surrogacy is linked with the concept of “fertility tourism,” wherein individuals travel abroad to access reproductive technologies. The paper underscores that surrogacy presents its own unique challenges, particularly regarding issues such as the acknowledgment of paternity, citizenship rights, protection of children born through surrogacy, and legal safeguards for parents who engage in the services of a surrogate mother. By analyzing the national legislation of the above-mentioned countries, it becomes evident that there is a pressing need for enhancements and clarifications in the legal framework governing surrogacy. Primarily, this entails establishing regulations that delineate between clinical practices and the certification requirements for doctors offering surrogacy services. These regulations should also outline the available forms of surrogacy, eligibility criteria for surrogate mothers, and necessary conditions to be stipulated in surrogacy contracts. Furthermore, addressing issues related to embryo transfer, defining clear parameters for the surrogacy process, establishing guidelines for border crossings by surrogate mothers, determining procedures for granting citizenship to children born through surrogacy in various life circumstances, ensuring protection guarantees for newborns, safeguarding the rights of surrogate mothers, and combating human trafficking are crucial aspects requiring attention and clarification in the legal framework governing surrogacy.