Navigating Surrogacy Contracts: Legal Aspects and Key Elements

Abstract

This paper examines the surrogacy contract as a fundamental element that ensures the integrity of the surrogacy process while minimizing risks of exploitation and mistreatment of surrogate mothers and newborns. The article analyzes the evolving legal perspectives and debates surrounding surrogacy contracts over the years, focusing on the conditions and key elements essential for their legality and enforcement. As a legally binding agreement between the surrogate mother and the intended parents, the surrogacy contract requires a clear definition of the rights and obligations of each party, with the primary goal of safeguarding the more vulnerable party and ensuring the well-being and best interests of the child to come. By studying its regulation from various perspectives, this paper offers insights into best practices and standards, thereby providing valuable guidance for Albanian legal doctrine and lawmakers in understanding the dynamics and challenges of the field. In doing so, the article aims to present a clear model that can best serve Albania, especially at a time when the adoption of a new law on sexual and reproductive health is more crucial and necessary than ever.

Received: 5 January 2025 / Accepted: 2 March 2025 / Published: 25 March 2025