Civil Liability in Digital Surrogacy Agreements
摘要
The study entitled “Civil Liability in Digital Surrogacy Agreements” underscores the importance that this matter of the law domain has acquired over time. Surrogacy agreements are at the heart of numerous legal, social, and ethical debates. Firstly, from the child’s rights perspective, it is crucial to ensure that a child born as a result of surrogacy benefits from all legal entitlements, including those relating to parentage and nationality as well as the right to know its biological parents. The second point is that in surrogacy agreements, provisions are made for the protection of the health of the surrogate mother, both mentally and physically, and also fair payment in economic terms. A third point is that there should be proper legislation to settle the claim of intended parents over the child and avoid any legal challenges that may come up afterward. Adoption by means of a well-structured legal set up becomes necessary not only to subdue disagreements but also those that relate actualization problems and ethical breaches to transparency and justness within the entire process. Therefore, surrogacy requires very careful ethical consideration. The reason is that the practice involves the exploitation of women, organ trafficking, and human rights issues. In conclusion, dealing with civil liability in surrogacy agreements should be done through a comprehensive approach that takes legal protection, ethical aspects, medical safety, and proper structuring of social relationships into consideration. The paper has therefore examined the legal status of the surrogate mother’s involvement which brings the question of whether the person supplying the egg or sperm should be viewed as a donor or a surrogate. Descriptive, historical, and comparative methodologies were used in this study to analyze the subject matter. The study is to determine the Jordanian legislator’s stance on surrogacy and the protection offered to surrogate mothers.