Possibility to conclude the surrogacy contracts in the context of the slovak family act and the Amendment to the Constitution of the Slovak Republic

Abstract

The historical certainty associated with the maternity determination by the objective fact of birth is gradually disintegrating as a result of progress in reproductive medicine. In the given context the surrogacy calls into question the basic premise of this issue, namely that the genetic and gestational components are inseparable entities. A family created on the basis of a surrogacy does not fit into the existing legislative framework and therefore lacks the protection provided to similar structures recognized by law. The article analyzes in more detail the potential possibilities of concluding surrogacy contracts and alternative possibilities of transferring parental rights and obligations from the surrogate mother to the intended parents within the legal order of the Slovak Republic, primarily in the context of the Slovak Family Act, in order to ensure the rights and interests of all participating entities.