The dissertation is devoted to the study of the peculiarities of the administrative and legal regulation of surrogate motherhood in Ukraine, as well as to the formulation of directions for its improvement. As a result of the conducted research, new scientific provisions and conclusions aimed at achieving the set goal were formulated, the main of which are the following.
In the work, the historical aspects of the appearance and development of surrogate motherhood in the world were further developed: the 1st period (the times of Ancient Egypt, Ancient Rome and Mesopotamia), the 2nd period
(XVII – mid-XX centuries), the 3rd period (from the middle XX century), as well as the periodization of the development of surrogate motherhood on the territory of Ukraine: I period (1987–1992), II period (1992–2008), III period (2008–2013),
IV period (from 2013 until today).
The available ethical and legal aspects of surrogacy are revealed: religious and feminist views, objectification and exploitation of women, commodification and sale of children, social injustice, reproductive tourism, violation of the biological “mother-child connection”, use of surrogacy not for medical reasons , genetic screening and selection of potential embryos, vulnerability of potential parents. It was emphasized that the regulation of surrogacy should be aimed at regulating social relations in this area and protecting the parties involved in relations with the use of this method of ART, solving issues of safety, efficiency and quality of medical care, creating equal conditions of access to surrogate motherhood, as well as for providers of ART services, as there is a financial incentive and competition between clinics, which affects decision-making.
It was determined that, taking into account the range of relations that arise due to the use of surrogate motherhood, the latter as an object of legal regulation should be understood as social relations that arise, change and terminate due to the use of such a method of ART as surrogate motherhood, aimed at implementation and protection of the private interests of biological parents, surrogate mothers, children born as a result of using surrogate motherhood, and the public interest of the state.
The current state of the administrative and legal regulation of surrogate motherhood in Ukraine is characterized as a purposeful influence of the state, carried out by its authorized subjects with the help of administrative and legal norms, on social relations that arise, change and terminate due to the application of the procedure of surrogate motherhood as a method of ART, in order to organize them, create conditions for the realization of public and private interests of the subjects of the specified relations, as well as their protection and protection, in particular, through the use of state coercion measures. It was emphasized that the issue of ratification of the Convention on the Protection of Human Rights and Dignity in Connection with the Use of the Achievements of Biology and Medicine is an open issue for Ukraine, which will prove its readiness to protect the rights and dignity of a person in view of the application of ART and the establishment of responsibility for their violation. It was concluded that the legislation of Ukraine, which regulates the sphere of ART, does not cover all aspects of surrogate motherhood. Given the dilemmas regarding the latter, the need to define clear tools for their minimization during the development of a relevant legislative act is emphasized.
The understanding and classification of the principles of administrative and legal regulation of surrogate motherhood in Ukraine as the main starting provisions that determine the nature and directions of administrative and legal regulation of social relations that arise in the process of applying the method of surrogate motherhood and are aimed at ensuring their compliance with the interests of the state, society and individual a person
Subjects of administrative and legal relations in the field of surrogacy are classified into two groups according to the criterion of the presence of authority:
1) subjects who have authority in the field of application of ART, in particular surrogacy: the Verkhovna Rada of Ukraine, the Commissioner of the Verkhovna Rada of Ukraine for Rights person, Cabinet of Ministers of Ukraine, Ministry of Health of Ukraine, Ministry of Social Policy of Ukraine, local state administrations, courts; 2) entities that do not have authoritative powers in the field of application of ART, in particular surrogate motherhood: health care institutions regardless of the form of ownership, their managers and medical workers, citizens of Ukraine, foreign citizens who intend to use such services, surrogates mother, mediators.
