Review of the decisions of the European Court and the legislation of European countries regarding surrogacy

It is indicated that surrogacy as one of the methods of assisted reproductive technologies to overcome infertility provides an opportunity for women who are unable to bear a child on their own to realize the dream of motherhood. Thanks to surrogacy programs, numerous couples have been able to overcome the problem of infertility and gain the joy of parenthood. The article analyses the judgments of the European Court of Justice relating to surrogacy and notes that the European Court of Human Rights may prohibit surrogacy. Still, such a decision would require a compromise with the best interests of the child. The value of a new life prompts regulatory action in relation to medical institutions, intended parents who resort to surrogacy and surrogate mothers. Regulations should protect the rights and welfare of all persons involved in surrogacy and ensure that ethical standards are adhered to. The state can reconcile the interests of surrogacy seekers with the interests of society by establishing clear rules and oversight mechanisms. This includes notarisation and registration of surrogacy agreements; DNA testing by an accredited medical facility to confirm the genetic relationship between the parents (mother or father) and the fetus; and counselling of all parties involved in the surrogacy process to ensure informed consent and understanding. A strict compensation policy for surrogate mothers should prevent exploitation and guarantee their well-being during the procedure. Eastern European legislation neither explicitly prohibits nor permits surrogacy. DNA testing establishes a link between a child and his or her biological parents who use surrogacy. Therefore, itis important to establish a comprehensive computerised registry of all participants in ART, including surrogacy cases. Providing support to any potential child that may result from this process is essential.