Договірне регулювання сурогатного материнства у праві України та країн ЄС: порівняльний аналіз

The article provides a comprehensive comparative legal analysis of the contractual regulation of surrogacy in Ukraine and European Union member states. The author examines the legal nature of the surrogacy agreement under Ukrainian law, where such a contract is generally regarded as a contract for the provision of services, incorporating elements of medical, civil, and family law obligations. It is emphasized that the surrogacy agreement should be classified as a mixed and special legal instrument requiring clearly defined essential terms, formal procedures for conclusion, and mandatory notarization. Particular attention is given to the legal models of surrogacy regulation in selected EU countries, including Greece (permitted with court authorization), the United Kingdom (аt the time of EU membership, partially legalized on a non-commercial basis), France (prohibited), and the Netherlands (limited allowance). The study highlights the significant differences in the legal recognition and permissibility of domestic and cross-border surrogacy agreements. In light of the growing practice of international surrogacy, the article outlines key challenges in private international law, such as the recognition of legal parenthood, acquisition of citizenship, child registration, and the right to family life. European case law (particularly the ECtHR decisions in Mennesson v. France, Paradiso and Campanelli v. Italy) is analyzed for its impact on the legal treatment of parent-child relationships established through surrogacy. The article concludes with recommendations for improving the national legal framework in Ukraine, considering international human rights standards, European best practices, and the principle of the best interests of the child. The author concludes that Ukraine adheres to one of the most liberal models of contractual regulation of surrogacy among European countries, while lacking a comprehensive and systematized legislative act in this field. The primary task is to develop a special law that would regulate the key aspects of legal relations related to surrogacy.