Theoretical and Practical Aspects of the Notarial Dedication of the Agreement on Donation of the Services of Surrogate Motherhood

Abstract

The article attempts to highlight the main aspects of surrogacy maternity contracts notarization in the practical field, as well as to analyze the theoretical basis of legislative regulation of the process of concluding a contract for the provision of surrogacy services in Ukraine. The regulation of a surrogacy maternity has a civil nature. Surrogacy is called to regulate the relationship between the biological parents and the surrogate mother, in particular by concluding a civil contract. The agreement on donation of the services of surrogate motherhood must provide for all possible developments in order to ensure the continuity of future relationships. Therefore, it is necessary to prescribe in it a precise subject of the agreement and a certain amount of compensation of the surrogate mother for the gestation and birth of her child (except for cases where such a contract is free of charge at the request of the parties); the rights, obligations and responsibilities of the parties of the agreement; the procedure for termination, cancellation of the contract, other significant conditions. It is urgent to regulate the procedure of notarization of the contract for the provision of surrogacy services at the level of the relevant law with a clear establishment of requirements for its participants and, in fact, the contract itself. Because of the lack of detailed regulation of the surrogacy procedure and the relevant law in our legislation, it remains to hope for a notarized agreement between the parents-customers of the surrogate program and the surrogate mother, as one that will prevent conflicts and disputes and facilitate the settlement process the relationship between potential parents and the surrogate mother.