IS THE LEGAL REGULATION OF THE SURROGATE MATERNITY PROCEDURE REQUIRED IN ROMANIA?
Abstract
Maternity of substitution is intended to offer a child to one or several adults. This consists in the deliberate conception of a child, who is without a family of origin, by manipulating his birth and his biological mother to satisfy the desire of the beneficiary adults. Therefore, the legitimacy of surrogacy is at least debatable. However, considering the old realities of the current Romanian society, in the present study we proposed by lege ferenda the possible implementation in the legislation of altruistic surrogate maternity, under certain conditions.
Keywords: maternity of substitution, beneficiary parents, biological father, infertility, human rights, altruistic and commercial surrogacy, traditional and gestational surrogate, fetal rights, surrogacy contract, superior interests of the child.