Abstract:

Legislative regulations regarding surrogacy vary in various state laws. Some countries prohibit legally having children through the surrogacy method, and some countries allow this method under certain conditions, some other countries are silent on this issue. In this study, implementation of conflict of laws’ rules regulated under International Private and Civil Procedure Law No. 5718 on the issues concerning the validity, performance and termination of surrogacy agreement that may be arisen as a result of seeking to have a child by Turkish citizens though international surrogacy method, which is one of the assisted reproductive treatment techniques, in an unprohibited country despite the fact that this method is prohibited in Turkey and efficiency of the related provisions regulated under Turkish Law, especially, Regulation on Assisted Reproductive Treatment Techniques and Assisted Reproductive Treatment Centers (O.G. 30.09.2014-29135), Turkish Civil Code and Turkish Criminal Code to the applicable law shall be examined. Problems relating to paternity due to the surrogacy are out of our scope as it is a different research subject which should be examined in details.

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