MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us Assembly of the Council of Europe in this area, adopted by decisions of the European Parliament
and the Commission on Human Rights on March 16, 1969.
The concept of "surrogate motherhood" is a novelty for national understanding, and the
development of its legal definition is important for law enforcement practice. A surrogate mother
is a woman who, according to a surrogacy contract, agrees to move an embryo into her womb,
develop it as a fetus in her own body, give birth to a child and hand it over to a customer parent.
Now in practice, when there is a need for surrogacy services, the relations of the parties are
regulated by the contract. But the fact that a surrogate mother has a privileged right to take over a
born child casts doubt on the validity of such contracts.
Surrogacy is legally permitted in most states of Canada and the United States. The legislation of
Armenia, Georgia, Kazakhstan, Kyrgyzstan also allows surrogacy. In Belarus, surrogacy can
only be used by women who, for medical reasons, cannot get pregnant on their own.
Australia and the Republic of South Africa can provide free assistance only to the biological
parents of a surrogate mother.
In India, only altruistic surrogacy is allowed, while Chinese, Nepalese, Thai surrogacy is
prohibited by law, but citizens of these countries widely use surrogacy services in other foreign
countries.
In the conditions of Uzbekistan, the surrogacy contract itself is considered invalid in accordance
with article 116 of the Civil Code, as an agreement whose purpose is obviously contrary to the
grounds of law and order or morality. Due to the lack of such services in medical institutions,
citizens of our country travel and use surrogacy services to foreign countries where such
activities are allowed. However, with cross-border surrogacy, deception on the part of the
surrogate mother, the unstable political situation associated with the registration of clients as
parents, related to the citizenship of the born child, causes a number of problems associated with
the entry of the child into the territory of Uzbekistan. In addition, surrogacy services are not
cheap.
In conclusion, it should be noted that in order to maintain the reproductive health of the
population, strengthen the family, and reduce the risk of cross-border surrogacy for citizens of
the Republic of Uzbekistan, it is necessary to legislatively allow surrogacy as existing assisted
reproductive technologies.
It should also be noted instead of concluding that the consolidation of the legal definition of
surrogacy in the legislation, the establishment of the most important requirements and conditions
concerning contractual relations with respect to surrogacy, the rights and obligations of the
surrogate mother and biological (approximate) parents at the legislative level, serves to prevent
most disputes related to surrogacy.
References 1.
Ўзбекистон Республикаси Конституцияси // https://lex.uz/search/all?act_type=1&lang=3
2.
Воронцова С.Н. О наследственных правах суррогатных детей // Бюллетень
нотариальной практики. 2009. № 1. С.1.
3.
https://meningkonstitutsiyam.uz/uzc.
4.
https://stat.uz/uz/.
5.
https://happiness-report.s3.amazonaws.com/2023/WHR+23.pdf.
6.
https://lex.uz/ru/docs/4233891.
7.
https://lex.uz/docs/4728682.