AN OUTBURST OF THE MODERN CONCEPT OF SURROGACY THROUGH STATE LEGISLATION

Abstract

: In the Republic of Macedonia, the first child conceived with IVF procedure was born by a woman - a gestational carrier (a surrogate). This is a novelty in the legislation of the Republic of Macedonia when the amendments to the Law on Biomedicine and Assisted Fertilization from 2014 introduced this way of "creating a family". However, in the Republic of Macedonia as one conservative country, on the one hand, it is surprising the entry into force of such provisions and their application in practice, and on the other hand, the adoption of such amendments and modifications were not enough media coverage. In the further discussion in this paper, we will not take a conservative view of whether the introduction of surrogacy is justified or not, but we will do our utmost to explain in an objective way the positive and negative aspects of this concept. Surrogacy is a method of assisted reproduction that helps potential parents to establish a family when they can not do so in another way.In general, two types of surrogacy are distinguished: traditional and surrogacy by a mother - a gestational carrier. Throughout the work, these two types of assisted insemination will be considered in more detail. For the time being, the Republic of Macedonia is allowed the second way of assisted fertilization, and as far as the commercial aspect is concerned, only altruistic surrogacy is permitted. But not everywhere in the world is so. Greater analysis of the legal orders of certain states, legislation, and the cultural moment, which in certain cases was decisive for the acceptance or prohibition of this concept, is needed. Furthermore, there is the ethical moment as well as the punitive and legal point that prevails in certain societies, so this kind of reproduction is forbidden, and if it comes to practice, it can be brought under the very essence of the crime of trafficking in human beings. The feminist point of view is equally relevant, as are the other aspects because we live in a society where we still do not have any behavior that would emphasize gender equality in practice. In the paper, the conditions and procedure for this way of biomedical subcutaneous insemination in the Republic of Macedonia, as well as our personal views on this topic, will be explained. We think that in order to fully accept this concept and strive for the liberalization of the so-liberal Law on Biomedical Assisted Fertilization, it is necessary to "see" both sides of the medal, to clearly understand the positive sides, but to pay attention to all negativities, wanting to avoid a certain scenario that resembles a dystopian society created in the literary world of Margaret Etwood, in order to finally draw a rational conclusion that goes in favor of the common good.

Key words: BPO, motherhood, legislation, an embryo, gestational carrier.