Marko Y. Realization of the human right to reproduction by the method of surrogate motherhood: theoretical and legal research

In the dissertation the aspects of realization of the right to human reproduction by the method of surrogate motherhood are comprehensively covered through an analysis of the concept and legal nature of the method, the status of its main participants and the identification of possible ways of improving its regulation within the national system of legislation. The author has determined the methodology of the research and made an overview of the source base in the field of realization of the human right to reproduction, analyzed his theoretical and legal understanding in the light of the development of biomedicine and biotechnology. The work outlines the legal nature of surrogate motherhood, which contains the medical component consisting of reproductive technology that helps to overcome infertility, and legal, which is reflected in the following features: surrogacy is a way of realizing human rights for reproduction; creates the newest legal relations, which do not have clear regulation and legal analogy for regulation; means of regulation is the combination of legal and moral and ethical norms; is based on contractual relations. The general principles of legal regulation of the method of surrogate motherhood and the status of such participants, such as a surrogate mother, potential parents and a child born using surrogate motherhood, are revealed. The foreign and national experience of legal regulation of the right to reproduce the method of surrogate motherhood has been analyzed and possible ways of improving the system of legislation in the field of reproduction in Ukraine have been determined.