Açıqlama:

Surrogacy stands as one of the most complex and widely debated issues in contemporary medical law, intersecting reproductive rights, bioethics, and shifting legal landscapes. With infertility impacting an estimated 15–20% of couples globally, the demand for alternative reproductive pathways, including surrogacy, continues to grow. Yet, regulatory responses vary sharply between jurisdictions. Countries such as Türkiye and Azerbaijan, for example, still lack comprehensive legislation to govern such practices. This paper investigates surrogacy from legal, ethical, and medical perspectives, advocating for a rights-based, interdisciplinary framework that protects all parties involved particularly the child. The study highlights key legal ambiguities concerning the recognition of parenthood, enforceability of surrogacy contracts, and the ethical boundaries of assisted reproductive technologies. Drawing from comparative legal systems, including those of the United Kingdom, the United States, and select Eastern European states, the paper argues for recognition of genetic motherhood and the establishment of ethics committees comprising legal, medical, and psychosocial professionals. It outlines permissible conditions for surrogacy, such as medical necessity, genetic links between the embryo and intended parents, and strict non-commercial intent. Moreover, it addresses biological phenomena like microchimerism and calls for the creation of registries to guard against inadvertent incest. The welfare of the child remains central, and the paper proposes that future surrogacy legislation explicitly address matters of custody, inheritance, and contractual withdrawal. Looking ahead, it acknowledges the transformative potential of technologies such as uterus transplants and artificial wombs. Ultimately, the article urges legislative reform in Türkiye, Azerbaijan, and comparable jurisdictions to ensure transparency, justice, and ethical integrity in surrogacy arrangements.