The Issue of Informed Consent of the Surrogate Mother in Context of Surrogacy Arrangements – Autonomy and Dignity

The Issue of Informed Consent of the Surrogate Mother in Context of Surrogacy Arrangements – Autonomy and Dignity

Zsófia Nagy, Andrea Erdősová

STUDIA IURIDICA Cassoviensia, 27 March 2025

Abstract

Since assisted reproductive techniques have widespread in medical science, bioethical principles and legal implications surrounding commercial surrogacy arrangements, particularly focusing on the position of surrogate mothers have emerged. With the rise of in vitro fertilization and the growing prevalence of surrogacy in the latter half of the 20th century, the contractual nature of these arrangements has sparked significant ethical and human rights concerns. The article delves into the complexities of parental filiation, the potential exploitation of surrogate mothers, and the critical importance of informed consent and patient autonomy in this context. The analysis of these issues could shed light on the ethical and legal discourse surrounding commercial surrogacy and collaborate to the discourse of the relevancy of the informed consent of the surrogate mother in surrogacy arrangements.

Editor’s note:  STUDIA IURIDICA Cassoviensia is published by Jozef Safarik University [Slovakia] Faculty of Law