Surrogacy as a legal institution in Albania: An analysis of the draft law “On sexual and reproductive health”

Surrogacy remains an emerging and legally unregulated practice within Albanian civil and family law, raising complex legal and ethical issues related to human dignity, reproductive autonomy, and the legal identity of the child. The draft law “On Sexual and Reproductive Health” constitutes the first attempt to regulate surrogacy through primary legislation. This study critically examines whether the proposed framework ensures legal certainty, protects the rights of all parties involved, and aligns with civil law principles and international human rights standards. Using doctrinal, normative, and comparative methodologies, the paper identifies key gaps in the draft law, including the absence of judicial oversight, the lack of a mechanism for automatic parenthood recognition, and insufficient safeguards for surrogate mothers and children. Comparative insights from Greece and the United Kingdom are analysed to highlight alternative regulatory models. The findings show that, although the draft marks progress, it remains incomplete and inconsistent with key provisions of the Civil Code and Family Code. The paper concludes by proposing a harmonized legal framework that officially recognizes the surrogacy agreement as a binding civil contract, requires prior judicial approval, ensures access to support services, and safeguards the child’s right to identity. These reforms are crucial to improve legal clarity, prevent exploitation, and protect the dignity and rights of all parties involved in surrogacy arrangements.