ПРАВНИТЕ АСПЕКТИ НА СУРОГАТ МАЈЧИНСТВОТО ВО РЕПУБЛИКА СЕВЕРНА МАКЕДОНИЈА. ОД КАЗНИВО ДЕЛО ДО ЛИБЕРАЛНА РЕГУЛАТИВА
THE LEGAL ASPECTS OF THE SURROGATE MOTHERHOOD IN REPUBLIC OF NORTH MACEDONIA. FROM CRIMINAL OFFENSE TO LIBERAL REGULATION

Summary/Abstract: Surrogacy is the new reality of modern times. The expansive progress of technical-technological achievements in all segments of social life, undoubtedly brought revolutionary changes in the field of reproductive human medicine, which beyond to the decade institution of adoption, allowed a new method of so-called assisted human reproduction-surrogacy. From a modern perspective, surrogacy or surrogate motherhood represents a reproductive option, the birth of a child for another, an alternative to unsuccessful in vitro fertilization, a different possibility for creating a family in cases where the parental relationship cannot be created otherwise. Republic of North Macedonia can also vaunt with the first live-born child conceived with the cooperation of biomedical assisted fertilization methods from a domiciliary surrogate mother. The subject matter arouses particular attention for the wider and academic public, which is why surrogacy was accepted in the macedonian positive law relatively recently in 2014 with the new substantial changes to the existing law on biomedical assisted fertilization from 2008, with which the country was counted among the rare states that legally allowed surrogacy as a humane reproductive possibility, bringing the most liberal model of surrogacy in Europe. The use of surrogate motherhood and the more pronounced abandonment of the millennial legal presumption mater simper certa est in which basis does not exist doubt that the real mother of the child is the woman who gives birth, actualizes an extremely serious series of legal dilemmas, moral and ethical discomfort, danger of crime, different regulations and non-recognition of parental rights, which in extreme cases also contradict the best interest of the child. Although it’s still too early to note the results of the novelties in the law, the author will try to give a qualitative analysis of the positive solutions in the area of changes to surrogacy and through the obtained results to present the weaknesses arising from the current model for regulating surrоgacy in order to saw possible space for future corrections. In this regard, in the centar of author's attention will also be considered the problematic normative solutions which open up a series of problems and questions in the area of: the prohibition of unmarried couples to come forward as potential parents, the introduction of the possibility of allogeneic surrogacy in which the uterus of the surrogate the mother is implanted with a donated embryo that has no genetic and biological affiliation with the married couple, the right of the married couple to request abortion or interception of the pregnancy of the gestational carrier due to medically-scientific justified indications

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