Law and Forensic Science, Volume 16 (2018/2), pages 15-28.
Submitted: October 20, 2018
The author declares there is no conflict of interest.
Abstract: Contract for surrogate motherhood is an onerous or gratuitous contract where a woman contracts to another, who either cannot produce fertile eggs or cannot carry a pregnancy through to birth, to conceive, gestate and deliver a baby for the intended mother. According to the Turkish Civil Code art.282 para.1 lineage is established between mother and child by birth. Simply, mother is the woman who gave birth to that child. There are two main issues concerning the surrogate motherhood: validity and linage. Contract for surrogate motherhood is void in Turkish law as it is against to the mandatory rules, personal rights and public morality. As for the lineage of the baby, the mother will be the giving birth woman, whether by her own eggs or the intended mother’s fertilized eggs and whose father will be the husband of the giving birth woman at the time, regardless whose sperms were used. This article aims to demonstrate the current problems in surrogate mothering in Turkish law and suggests solutions compared with and inspired by the Human Fertilisation and Embryology Act 2008, which regulates the contracts surrogate motherhood in the UK.
Keywords: contract for surrogate motherhood, validity of the contract, lineage of a baby, Turkish family law