Surogat materinstvo u Evropskoj uniji : uporednopravni prikaz i pravne dileme
Surrogacy in the European Union: A comparative legal analysis and emerging legal dilemmas

Summary/Abstract: Surrogacy represents one of the most controversial issues in contemporary law, raising questions about the boundaries of law, morality, ethics, and bioethics. Within the European Union, approaches to the regulation of surrogacy are not uniform, reflecting the different legal traditions, cultural norms, and ethical values of the Member States. This paper analyzes the legal framework of surrogacy in the European Union. It highlights the legislation of states that explicitly prohibit this practice, as well as four specific models of surrogacy regulation within the EU. The paper examines Greece and Portugal as examples of states where surrogacy is legally regulated under strictly defined conditions, as well as Belgium and the Czech Republic, where the absence of explicit legislation allows surrogacy to be carried out in practice, leaving considerable room for legal uncertainty. Particular attention is devoted to the recognition of parenthood established through surrogacy in third countries, as well as to the relevant case law. In the context of surrogacy, the paper also considers the Proposal for a Regulation on the recognition of parenthood in cross-border situations, which aims to harmonize the rules of private international law within the EU while safeguarding the best interests of the child. The author concludes that differing approaches among Member States and the absence of a unified regulatory framework lead to the fragmentation of the EU legal space and legal uncertainty for participants in surrogacy arrangements. Future regulation and practice, particularly in the field of cross-border recognition of parenthood, will have a significant impact on the development of European family law and the protection of children’s rights.

• Details
• Contents