Surrogacy: A biomedical mechanism in the fight against infertility
Апстракт
This paper reviews the issue of surrogacy. The author analyzes surrogacy and continues by conducting a comparative overview of two legal systems with different approaches to surrogacy. The analysis first looks at the legal system of Russia, as it represents a country that allows all forms of surrogacy, and then that of Germany, as a country with norms prohibiting all forms of surrogacy. In turn, the author reviews Serbian legal provisions, which also forbid all forms of surrogacy. The paper further explores whether there is justification for such legal provisions, i.e., it pinpoints potential problems that could arise if the legal provisions were to be changed. It is concluded that the Serbian legislator has decided to remain silent on this issue, most probably due to the fact that any amendments could raise questions that, at least for the time being, have no clear answers.
Кључне речи:
surrogate motherhood / right to respect for private and family life / right to freely decide on birth / medically assisted reproduction / health protectionИзвор:
Anali Pravnog fakulteta u Beogradu, 2023, 71, 2, 253-283Издавач:
- Univerzitet u Beogradu - Pravni fakultet, Beograd
Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Barać, Ivana PY - 2023 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1415 AB - This paper reviews the issue of surrogacy. The author analyzes surrogacy and continues by conducting a comparative overview of two legal systems with different approaches to surrogacy. The analysis first looks at the legal system of Russia, as it represents a country that allows all forms of surrogacy, and then that of Germany, as a country with norms prohibiting all forms of surrogacy. In turn, the author reviews Serbian legal provisions, which also forbid all forms of surrogacy. The paper further explores whether there is justification for such legal provisions, i.e., it pinpoints potential problems that could arise if the legal provisions were to be changed. It is concluded that the Serbian legislator has decided to remain silent on this issue, most probably due to the fact that any amendments could raise questions that, at least for the time being, have no clear answers. PB - Univerzitet u Beogradu - Pravni fakultet, Beograd T2 - Anali Pravnog fakulteta u Beogradu T1 - Surrogacy: A biomedical mechanism in the fight against infertility EP - 283 IS - 2 SP - 253 VL - 71 DO - 10.51204/Anali_PFBU_23202A UR - conv_604 ER -
@article{ author = "Barać, Ivana", year = "2023", abstract = "This paper reviews the issue of surrogacy. The author analyzes surrogacy and continues by conducting a comparative overview of two legal systems with different approaches to surrogacy. The analysis first looks at the legal system of Russia, as it represents a country that allows all forms of surrogacy, and then that of Germany, as a country with norms prohibiting all forms of surrogacy. In turn, the author reviews Serbian legal provisions, which also forbid all forms of surrogacy. The paper further explores whether there is justification for such legal provisions, i.e., it pinpoints potential problems that could arise if the legal provisions were to be changed. It is concluded that the Serbian legislator has decided to remain silent on this issue, most probably due to the fact that any amendments could raise questions that, at least for the time being, have no clear answers.", publisher = "Univerzitet u Beogradu - Pravni fakultet, Beograd", journal = "Anali Pravnog fakulteta u Beogradu", title = "Surrogacy: A biomedical mechanism in the fight against infertility", pages = "283-253", number = "2", volume = "71", doi = "10.51204/Anali_PFBU_23202A", url = "conv_604" }
Barać, I.. (2023). Surrogacy: A biomedical mechanism in the fight against infertility. in Anali Pravnog fakulteta u Beogradu Univerzitet u Beogradu - Pravni fakultet, Beograd., 71(2), 253-283. https://doi.org/10.51204/Anali_PFBU_23202A conv_604
Barać I. Surrogacy: A biomedical mechanism in the fight against infertility. in Anali Pravnog fakulteta u Beogradu. 2023;71(2):253-283. doi:10.51204/Anali_PFBU_23202A conv_604 .
Barać, Ivana, "Surrogacy: A biomedical mechanism in the fight against infertility" in Anali Pravnog fakulteta u Beogradu, 71, no. 2 (2023):253-283, https://doi.org/10.51204/Anali_PFBU_23202A ., conv_604 .