Does the practice of the European Court of Human Rights have any legal implications on the development of cross-border surrogacy?
Medical tourism is the area of tourism, the aim of which is to organize the treatment of citizens abroad. Medical tourism appeared relatively recently, but already established itself as one of the most popular types of tourism. It combines several areas: recreation; health improvement; therapy etc. According to G. Pennings, ,, In recent years the term ‘reproductive tourism’ has been increasingly used to refer to couples travelling from their country of residence to another in order to receive specific infertility treatment not allowed or not available in their own country “. The cross-border or international surrogacy is the kind of reproductive tourism. It means that ,,the patients have the purpose of going around the restrictions and bans their national legislation has set down in the country of origin and obtaining care not avalaible to them domestically. This is often a direct consequence of restrictive legislation in domestic countries, and as such needs to be dealt with by their domestic legislation”. International or cross-border surrogacy (also referred as reproductive tourism) is a contract between potential parents and a surrogate mother abroad. In most cases, they are commercial in nature. That is to say, women are paid for their services. Many countries ban paid surrogacy. Others allow for reasonable medical expenses to be paid. Nineteen states of the USA have laws recognizing compensated surrogacy. Some scholars argue that India and Ukraine are two of the most popular destinations for commercial surrogacy.