PECULIARITIES OF CONCLUDING A CONTRACT OF SURROGACY

Abstract

Technological progress in the field of medical technology, the institution of surrogacy, in which an important role is played by the agreement between the participants of legal relations, no doubt has legal implications. The legal consequences of having a child under a surrogacy contract significantly affect not only the rights of the parties to this contract, but also affect the rights and interests of the child. Our research examines the meaning and essence of the surrogacy contract and identifies its legal characteristics. As a result of the study of the legal structure of the legal relations, it was found that the legal relations of surrogate motherhood are characterized by the traditional structure of relations, namely: the subject, the subject and the content. It is defined that the object is the set of services, the subjects are the participants of these services, and the content is the rights and obligations. The objects in the legal relations of surrogacy will be the services rendered during the whole process. The author defines the following as the subjects: biological parents, surrogate mothers and medical institutions. It is noted that the male surrogate mother is not a party to the legal relationship of surrogacy and cannot be a party to the relevant contract. Analyzed the scientific approaches of scientists to identify the legal nature of the investigated type of contract. It was concluded that the surrogacy contract can be characterized as a contract with a fiduciary clause, since the legal relationship is based on certain elements of trust, which is based on the specifics of the parties to fulfill their obligations.