Forced surrogacy as a background phenomenon of human trafficking

The article examined forced surrogacy as a latent manifestation of human trafficking, which poses a threat to the democratic and legal foundations of society, especially in the context of armed conflicts, which makes the study relevant. The aim of the work was to clarify the legal nature, causes and consequences of forced surrogacy as a form of exploitation and to develop ethical and legal guidelines to prevent this phenomenon. The methodology was based on the application of formal-legal, comparative-legal, problem-oriented, systemic-structural, logical-legal methods and the method of generalisation, which allowed for a comprehensive analysis of normative acts, approaches of different countries and key contradictions in the field of reproductive practices. The study found that forced surrogacy, despite its formal similarity to legal medical services, actually contains signs of exploitation and can be classified as a form of human trafficking under international law. It has been shown that socio-economic instability, imperfect regulation and the lack of effective control over the activities of medical and intermediary structures create a breeding ground for abuse, commercial coercion and violations of women’s rights. International documents and Ukrainian legislation have been analysed, revealing gaps in regulation, including the absence of a clear legal definition, uniform standards for the protection of women and effective mechanisms for state control. Ethical and legal guidelines are proposed to minimise the risks of exploitation by strengthening guarantees of dignity and equality and enhancing international cooperation in combating human trafficking. The practical significance of the results obtained lies in the possibility of using the recommendations formulated to improve national and international policies in the field of reproductive technologies and the protection of women’s rights

Authors

Publication Details

Journal
Social & Legal Studios
Published
2025-12-01
DOI
https://doi.org/10.32518/sals4.2025.09
Primary Topic
Sex work and related issues
Type
article
Field-Weighted Citation Impact
0.00
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article

Forced surrogacy as a background phenomenon of human trafficking

O.I. Savaida, Uliana Tsmots
Social & Legal Studios
Sex work and related issues
article

Forced surrogacy as a background phenomenon of human trafficking

O.I. Savaida, Uliana Tsmots
article en

Abstract

The article examined forced surrogacy as a latent manifestation of human trafficking, which poses a threat to the democratic and legal foundations of society, especially in the context of armed conflicts, which makes the study relevant. The aim of the work was to clarify the legal nature, causes and consequences of forced surrogacy as a form of exploitation and to develop ethical and legal guidelines to prevent this phenomenon. The methodology was based on the application of formal-legal, comparative-legal, problem-oriented, systemic-structural, logical-legal methods and the method of generalisation, which allowed for a comprehensive analysis of normative acts, approaches of different countries and key contradictions in the field of reproductive practices. The study found that forced surrogacy, despite its formal similarity to legal medical services, actually contains signs of exploitation and can be classified as a form of human trafficking under international law. It has been shown that socio-economic instability, imperfect regulation and the lack of effective control over the activities of medical and intermediary structures create a breeding ground for abuse, commercial coercion and violations of women’s rights. International documents and Ukrainian legislation have been analysed, revealing gaps in regulation, including the absence of a clear legal definition, uniform standards for the protection of women and effective mechanisms for state control. Ethical and legal guidelines are proposed to minimise the risks of exploitation by strengthening guarantees of dignity and equality and enhancing international cooperation in combating human trafficking. The practical significance of the results obtained lies in the possibility of using the recommendations formulated to improve national and international policies in the field of reproductive technologies and the protection of women’s rights

Social & Legal StudiosVol. 8(4)
Gender equality
Openalex Percentile: Top 11%
Sex work and related issues
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