Surrogacy Contract: Legal Qualification And Individual Content Elements

Abstract

As part of the study, the author proposed the concept of a surrogacy contract — this is an agreement that is a substantive element of the contract for the provision of a comprehensive medical service aimed at overcoming the reproductive dysfunction of the parents (customer) through non-invasive replacement of unhealthy reproductive organs of the parents (customer) with healthy reproductive organs of the reproductive donor assistance of medical support of a specialized medical institution accredited to carry out the relevant procedures. Taking into account the subject of this agreement, the position is argued that its regulation should relate exclusively to the civil law plane as a kind of contract for the provision of services for compensation. The essential conditions of such an agreement are indicated: the subject matter, the irrevocable consent of the reproductive donor to record the customer as parents, as well as the amount of monetary compensation equivalent to the temporary loss of health of the reproductive donor in connection with the fulfillment of the obligations assumed under the contract. The author points out that this method of infertility treatment is a kind of donation that has certain specific features, in particular, it does not require the removal and transfer of reproductive donor organs to persons suffering from reproductive dysfunction. This also determines the essence of the role performed by the reproductive donor — the temporary provision of a healthy reproductive system for carrying an implanted embryo.