LEGAL REGULATION AND CRIMINAL ASPECTS OF REPRODUCTIVE TECHNOLOGIES WITH SPECIAL REFERENCE TO SURROGACY

Abstract

One in eight married couples have problems conceiving naturally. The first baby born
using in-vitro fertilization was in 1978. Since then, over five million babies have been born
worldwide thanks to this technique. Another method that is used less often by people who
want to have a child is surrogacy. As one of the biomedical methods that allows solving the
problem of infertility, it was expressly prohibited by the Law on Biomedical Assisted
Fertilization from 2008, but in October 2014. the Law on Amendments and Supplements to
the Law on Biomedical Assisted Fertilization was passed. With this law, the acquisition of
parental rights is made possible in a legal way, for all partners who naturally cannot have
children. In this paper we will cover all the details about the entire procedure of in vitro fertilization, surrogacy, conception of a child through In vitro fertilization, pregnancy and birth
of the child by the surrogate mother; specific medical indications that should be on the side of
the married couple, the conditions that should be met by the female surrogate (gestational
carrier); the formal conditions - from the couple's request to the conclusion of a contract with
a gestational carrier certified by a notary; the parental rights and status of the surrogate mother
and the married couple; the rights and duties of the surrogate mother as well as the problems
related to our mentality for accepting this reproductive method for family expansion.