The Legal Regulation of Surrogate Motherhood in Private International Law: The Problem of Conflict of Laws
Abstrak
The legal regulation of surrogacy is described as one of the most prominent modern legal issues in private international law, which raises ongoing controversy due to the advancement of reproductive technologies and the problem of conflict of laws arising from the disparity between legal systems. Some countries permit surrogacy contracts within certain controls, while others prohibit them for religious, moral, or social reasons. The problems of disparity arise from foreign elements, such as the difference in the nationality of the parties, the place of conclusion of the contract, or the birth of the child, as well as the effects arising on lineage, nationality, and the recognition of the child's legal rights. In light of the absence of a unified international framework, solutions remain subject to the interpretations of national courts, which reinforces the need for more harmonious international legislative treatments, with the aim of protecting the child's best interests and achieving legal security.
Penulis (1)
Dr. Haytham Mohammed Jawad Ali Alsahlani
Akses Cepat
- Tahun Terbit
- 2026
- Bahasa
- en
- Sumber Database
- Semantic Scholar
- DOI
- 10.65252/ijhss.2026.5310
- Akses
- Open Access ✓