"Surrogate" mother/ Changes that may occur in the new Criminal Code

2024-02-07 14:06:00, Aktualitet CNA

Changes that may be included in the New Criminal Code include surrogacy, or ordering a couple to give birth to a child from another woman.

If the amendments to the Code are approved, it will be possible that in return for payment or other benefits, a woman consents and of her own free will, undertakes to carry in her body and give birth to a child genetically related or not to the commissioning mother or the beneficiary , in favor of a beneficiary person or couple/persons who will be the future parents of the child after birth, exercising parental rights and authority over him.

Article:

Order to give birth to a child

1. For the purposes of this article "Order to give birth to a child (Surrogacy)" is a contractual relationship, regardless of its form, where an adult woman/woman (surrogate mother) in return for payment or other benefits, gives consent and with the will her, undertakes to carry in her body and give birth to a child genetically related or not to the ordering mother or beneficiary, in favor of a person or couple/persons of beneficiaries who will be the parents of the child after birth in the future, subsequently exercising parental rights and authority over him.
2. Involvement for the benefit of an intermediary between a person or a couple who wants to welcome a child with a woman who agrees to carry this child inside her body and bring it to life, in order to deliver it after birth to them , when the commissioned mother is known to be used to completing such orders only for this purpose, putting her or the child's life and health at risk, when the insemination or even the birth takes place outside suitable/unlicensed environments for performing such procedures or for the birth of children, are punished with a fine or imprisonment from six months to three years.
3. If the offense according to the provision of paragraph two of this article is committed by a person practicing a health profession, the penalty is increased to one third of it./ CNA