The paper examines the question of whether the law can fill a legal gap and provide a remedy for a surrogate mother if the future parents decide not to comply with the surrogacy agreement. Particular attention is paid to the situation in which a surrogate mother gives birth to a healthy child, and the question of whether a surrogate mother can claim compensation for the costs associated with raising this child. It also analyzes issues relating to reproductive autonomy and the commodification of a child, the recognition of the birth of a healthy child (and related child care costs) as an injury or loss, the determination of the amount of damage, the recognition of declared child care costs as a net economic loss, and implications of this categorization for forensic analysis. The paper substantiates that an analogy can be drawn with cases of «illegal pregnancy», since this foreign judicial practice shows that the birth of a healthy child, together with the costs incurred for raising this child, can be regarded as harm - with purely economic or indirect losses. The analysis carried out is not directly related to the Republic of Uzbekistan, due to the lack of legislative regulation and judicial practice in the country on the issue under consideration.
| Mualliflar | Babajanova, Dinara, Бабажанова, Динара, Babajanova, Dinara |
|---|---|
| Jurnal | Жамият ва инновациялар / Общество и инновации / Society and innovations |
| Nashr sanasi | 2022-08-15 |
| Jild | 3 |
| Son | 7/S |
| Betlar | 274-284 |
| Til | Rus |
| DOI | 10.47689/2181-1415-vol3-iss7/s-pp274-284 |
DOI: 10.47689/2181-1415-vol3-iss7/s-pp274-284 · Maqolaning asl sahifasi
суррогатное материнство, противоправная беременность, коммодификация, деликтное право, биоматериал, алименты, вред, surrogate motherhood, illegal pregnancy, commodification, tort law, biomaterial, alimony, harm, surrogat onalik, noqonuniy homiladorlik, biomaterial, aliment, zarar
In this article, the author notes that the social danger of life-threatening crimes is assessed not by how prevalent it is, but by how serious its consequences are. The author gives a legal description of the crime of…
The paper analyzes the problem of the institution of reconciliation of spouses in the event of divorce. The paper concludes that the activities of conciliation commissions are unsatisfactory, and the newly created…
Today Internet has been serving not only to exchange information, but it is a place of offering different services. Hosting service providers can be categorized as one type of online intermediaries, which provide a huge…
This article analyzes the concept and legal nature of the right to privacy as a result of studying the scientific works of local and foreign scientists.From a comprehensive analysis of the right to privacy in the…
The school textbook mother tongue does not pay much attention to the exercises that develop thinking in the educational system. This situation is one of the reasons why today’s students do not acquire enough knowledge…
The objective laws of education – the organization of the educational process and the development of the individuality and qualities of people in public life, the further improvement of the first forms of education…
In many developed countries, state support is provided in the field of education, providing ample opportunities for exercising the right to receive education, including higher education. For this reason, the economies…
The article focuses on the fact that investments are one of the main factors influencing the socio-economic development of the entire macroeconomic system. In the context of economic modernization, the complexity of the…
In order to increase the creativity of students of higher educational institutions, this article describes the exemplary parts of increasing creativity, thinking fluency, thinking flexibility, technology for developing…
The article explored the content and principles of the activities of civil servants, guarantees of the activities of civil servants, legal regulation of issues of legality and efficiency in the civil service, the study…
Жамият ва инновациялар / Общество и инновации / Society and innovations — barcha maqolalar