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This study provides a preliminary overview of the wide range of policy concerns relating to surrogacy as a practice at national, European and global level. It undertakes an extensive examination of national legal approaches to surrogacy. It also analyses existing European Union law and the law of the European Convention of Human Rights to determine what obligations and possibilities surround national and transnational surrogacy. The study concludes that it is impossible to indicate a particular legal ...

Surrogacy is an increasingly common reproductive practice. Today, stories about surrogacy regularly appear in popular culture and news outlets, while the number of organisations offering surrogacy services is clearly on the rise, as is the number of cases involving surrogacy in courts across the EU. Surrogacy raises important legal issues, such as whether surrogacy contracts should be enforceable, as well as questions pertaining to the legal parenthood of a child born to a surrogate mother and his ...

The note presents the main challenges to the national jurisdictions in the EU resulting from the advance in medicine, free movement and children’s rights as well as the current legal position across EU member states on legal parenthood with a focus on surrogacy arrangements. Their cross-border implications are addressed with a view on possible EU action.