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Surrogacy in private international law

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2024
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Abstract (EN)

ABSTRACT Surrogacy in Private International Law With the advancement of science and technology, new reproductive techniques have emerged. One of these is surrogate motherhood, which causes legal and ethical debates. Legal regulations regarding surrogacy differ in each country. Some countries completely prohibit surrogacy, some allow it under certain conditions, while others partially regulate it. In Turkish law, surrogacy is completely prohibited. However, despite the ban, people who want to have a child through surrogacy go to countries where this method is legal and achieve their goals. This situation adds an element of foreignness to surrogacy and makes it a subject of private international law. In our study, the establishment of paternity of the child born through cross-border surrogacy is analyzed in terms of both conflict of laws and international procedural law. In addition, the paternity of the child born through surrogacy is also evaluated within the framework of the decisions of the European Court of Human Rights. Keywords: Surrogacy, Establishment of Paternity, Applicable Law, Public Policy, Best Interest of the Child, Conflict of Laws, Recognition.

Author

Gülşah Ulubay

How to Cite

Gülşah Ulubay (Doctorate thesis). Surrogacy in private international law, 2024, Ankara Yıldırım Beyazıt University.

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