Different legal approaches to the regulation of surrogacy in Ukraine and Baltic States

Abstract

The paper examines legal approaches to regulating surrogacy in Ukraine, Lithuania, Latvia, and Estonia. The research was successfully initiated by highlighting empirical data demonstrating an increase in the number of infertile couples and, accordingly, the growth of the surrogacy market, which confirms the relevance of this issue. The authors clarified the content of the concepts of “assisted reproductive technologies” and “surrogate mother”. The historical aspects of the emergence and development of surrogacy globally and the attempts at its legal regulation at the state level have been revealed. The authors reviewed the main provisions of legal acts regulating surrogacy in Ukraine, Lithuania, Latvia, and Estonia. It was found that the legal regulation of surrogacy was consolidated in Ukraine earlier than in the Baltic countries. In Ukraine, surrogacy is allowed only for spouses for medical reasons, the list of which is enshrined in legislative acts, while foreigners have access to such services. It was found that altruistic and commercial surrogacy is prohibited in Lithuania. The legal provisions make it impossible to enter a surrogate agreement, even if it could be concluded. It has been established that surrogacy is not directly regarded as a crime under the criminal law of Lithuania. It is emphasized that commercial surrogacy is indirectly prohibited in Latvia, but heterosexual couples and infertile single women can seek medical help for procreation. In Latvia, the criminal legislation does not directly provide for the criminal liability for surrogacy arrangements. It is determined that the Estonian legislation provides married and single women with access to medical care if there are medical indications for reproductive treatment but provides for criminal liability for gestational surrogacy. It is concluded that the legislation of Ukraine is favorable for surrogacy. In contrast, in the Baltic countries, the opposite approach is due to such risks as human trafficking, exploitation of women, commercialization of children, etc.