QUESTION OF THE SURROGATE MOTHERHOOD IN PRACTICE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

Đukanović Anđela (Институт за међународну политику и привреду, Београд), andjela@diplomacy.bg.ac.rs

Surrogacy is an issue that has caused a series of ethical dilemmas for quite some time, primarily regarding the possible exploitation of the surrogate mothers in a difficult economic situation. The issue of surrogacy is especially important in light of the progress of reproductive technologies and reproductive tourism. Surrogate motherhood is a sensitive issue, and the EU law does not regulate it. Therefore, particularly interesting were two cases which appeared before the Court of Justice of the EU. They showed how the issue of surrogate motherhood could pose a problem in an indirect way. As for the aforementioned two cases, it may be noted that the Court of Justice of the EU has not exceeded his jurisdiction. However, in the light of surrogacy arrangements, it should be taken into account that the interests and rights of children born through surrogacy can be affected significantly, especially in the context of reproductive tourism. Nevertheless, achieving any consensus in this area is almost impossible.

Ključne reči: European Union, surrogacy, Court of Justice of the EU, reproductive tourism, human rights, European Court of Human Rights