LEGAL REGULATION OF SURROGACY IN THE REPUBLIC OF UZBEKISTAN: A COMPARATIVE AND ETHICAL LEGAL ANALYSIS

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 1 LEGAL REGULATION OF SURROGACY IN THE REPUBLIC OF UZBEKISTAN: A COMPARATIVE AND ETHICAL LEGAL ANALYSIS Babadzhanova Dinara Islamovna Professor of the Civil Law Department of Tashkent State University of Law, Abstract Surrogacy, the process by which a woman carries and gives birth to a child on behalf of another person or couple, represents one of the most ethically and legally complex issues in contemporary reproductive medicine. It challenges traditional concepts of parenthood, family, and morality while offering new opportunities for infertile couples. In the Republic of Uzbekistan, where reproductive technologies are rapidly developing, surrogacy remains legally unregulated and socially controversial. The absence of a legislative framework has created a legal vacuum that affects the rights and responsibilities of surrogate mothers, intended parents, and the children born through these arrangements. This article provides an extensive legal, ethical, and comparative analysis of surrogacy in Uzbekistan. It evaluates current national laws, identifies key legal and ethical gaps, explores international models of regulation, and proposes recommendations for comprehensive reform. Drawing on Islamic jurisprudence, comparative law, and international human rights standards, this research argues for a balanced, culturally sensitive, and legally precise framework to govern surrogacy in Uzbekistan. 1. Introduction The last few decades have witnessed a revolution in reproductive medicine that has redefined the boundaries of family and parenthood. Assisted reproductive technologies (ART), including in vitro fertilization (IVF), egg donation, and surrogacy, have given hope to millions of infertile couples worldwide. Among these technologies, surrogacy stands as both a medical miracle and a legal puzzle. It enables the creation of life but also raises profound questions about motherhood, kinship, autonomy, and the commercialization of the human body. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 2 The term surrogacy is derived from the Latin word surrogatus, meaning “appointed as a substitute.” In its modern context, surrogacy refers to an arrangement in which a woman (the surrogate mother) carries a pregnancy and gives birth to a child for another person or couple (the intended parents). There are two primary types: traditional surrogacy, where the surrogate’s own egg is used, and gestational surrogacy, where the embryo is created using the intended parents’ or donors’ genetic material and implanted into the surrogate’s uterus. Globally, surrogacy has become a multi-billion-dollar phenomenon. Some countries, such as Russia, Ukraine, and the United States (in specific states), have legalized and regulated it. Others, like France and Germany, prohibit it entirely, arguing that it commodifies women’s bodies and violates human dignity. Many Muslim-majority countries reject surrogacy based on religious principles concerning lineage (nasab). Uzbekistan, meanwhile, has taken neither position—it neither explicitly bans nor regulates surrogacy, creating a legal and moral vacuum that affects families, clinics, and children alike. The absence of legal regulation has resulted in uncertainty about parental rights, citizenship of children born via surrogacy, and the ethical responsibilities of medical practitioners. The purpose of this paper is to explore these challenges comprehensively, comparing Uzbekistan’s legal context with other jurisdictions and proposing reforms that align with both international human rights law and the country’s cultural and religious values. 2. Legal Foundations of Family and Reproductive Rights in Uzbekistan Uzbekistan’s legal system is grounded in civil law traditions, with its principal legal sources being the Constitution (1992), the Family Code (1998), the Civil Code, and other laws governing healthcare. Although these documents provide general guarantees for family protection, they are silent on matters of assisted reproduction and surrogacy. 2.1 Constitutional Principles Article 65 of the Constitution of the Republic of Uzbekistan declares that the family, motherhood, and childhood are under the protection of the state. The Constitution guarantees equality between men and women (Article 46) and recognizes the right to health (Article 40). However, it does not explicitly mention reproductive rights or technologies such as IVF and surrogacy. This omission leaves reproductive issues to be interpreted under general provisions concerning health and family protection. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 3 2.2 The Family Code The Family Code of the Republic of Uzbekistan (1998) is the central legal document regulating family relations. Article 51 defines the mother as “the woman who gives birth to the child.” This definition, inherited from Soviet-era law, is biologically straightforward but legally problematic in the age of surrogacy. In gestational surrogacy, the woman who gives birth (the surrogate) may have no genetic relationship to the child. As a result, the law’s definition of motherhood conflicts with modern medical realities and the principle of genetic parentage. Furthermore, the Family Code provides no guidance on: ● The legality of surrogacy contracts; ● The recognition of intended parents as legal parents; ● Procedures for registering a child born via surrogacy; ● The rights and obligations of surrogate mothers. 2.3 Reproductive Health Policy In 2018, the Law on the Protection of Reproductive Health of Citizens was drafted by the Ministry of Health, aiming to regulate ART procedures. However, the draft did not explicitly mention surrogacy and was never enacted. Consequently, Uzbekistan lacks formal legal, ethical, or institutional oversight mechanisms for surrogacy. Clinics operate under general health licensing rules, with no specific standards governing ART or reproductive agreements. This legal silence places Uzbekistan behind its Central Asian neighbors. For instance, Kazakhstan’s Code on Public Health and the Health System (2009) contains detailed provisions on surrogacy, donor programs, and the legal status of children born through such methods. Uzbekistan’s inaction risks both domestic uncertainty and the migration of reproductive services to neighboring states. 3. Legal Ambiguities and Practical Consequences The absence of explicit surrogacy regulation in Uzbekistan creates a lacuna legis—a gap that generates serious legal and ethical consequences. These include contradictions International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 4 between laws, lack of enforceable rights, vulnerability to exploitation, and risk of violating international human rights commitments. 3.1 Structural Inconsistencies Article 51 of the Family Code presumes that the mother is the woman who gives birth to the child. This principle, appropriate in traditional contexts, becomes obsolete in gestational surrogacy where the genetic mother differs from the birth mother. Consequently, the law would recognize the surrogate as the legal mother, while the intended parents—despite genetic ties—would have no legal standing. The intended parents would be forced to adopt their own biological child, contradicting both medical fact and natural justice. Furthermore, paternity in surrogacy cases remains undefined. Article 60 of the Family Code presumes that the husband of the woman who gives birth is the father. This could lead to absurd situations in surrogacy, where the surrogate’s husband—if she is married—might be considered the child’s legal father. The absence of statutory exceptions leaves courts without clear guidance, risking inconsistent judicial outcomes. 3.2 Contractual Uncertainty In countries where surrogacy is permitted, written contracts define the terms of the arrangement—detailing medical procedures, consent, financial arrangements, and the post-birth transfer of parental rights. In Uzbekistan, however, such contracts would be void ab initio under Article 354 of the Civil Code, which allows only agreements permitted by law. As surrogacy lacks statutory recognition, no court would enforce these agreements. This exposes all parties to uncertainty. If a surrogate mother changes her mind after giving birth, or the intended parents refuse to take custody, there is no legal recourse for resolution. 3.3 Exploitation and Human Rights Concerns The absence of regulation invites the risk of exploitation. Poor or vulnerable women might be coerced into surrogacy for financial compensation, with little protection against abuse or unsafe medical practices. This violates Uzbekistan’s obligations under international treaties, including: ● CEDAW (1979), requiring protection of women from exploitation; ● CRC (1989), ensuring children’s right to identity and protection from trafficking; International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 5 ● ICCPR (1966), guaranteeing respect for human dignity. Without state oversight, unlicensed intermediaries or private clinics may facilitate surrogacy arrangements outside ethical standards, turning women’s reproductive labor into a commercial enterprise. 3.4 Implications for Children Children born through surrogacy face the greatest legal vulnerability. Without recognition procedures, they may be denied birth registration under their intended parents’ names, creating complications for nationality, inheritance, and family rights. In cross-border cases, this can even lead to statelessness—when neither the surrogate’s nor the intended parents’ country recognizes the child’s citizenship (Hague Conference, 2021). Such gaps not only violate international conventions but also contradict the moral obligation of the state to protect all children equally. 4. Ethical and Religious Perspectives Uzbekistan’s approach to surrogacy cannot be separated from its moral and religious context. The nation’s ethical reasoning is deeply informed by Islamic jurisprudence (fiqh), which emphasizes family sanctity and lineage. Simultaneously, as a secular state, Uzbekistan must also consider universal human rights principles that affirm reproductive freedom and bodily autonomy. 4.1 Islamic Jurisprudence Islamic law generally prohibits surrogacy because it introduces a third party into the reproductive process, thereby disrupting lineage (nasab) and marital exclusivity. The Islamic Fiqh Council (Jeddah, 1985) declared that surrogacy “confuses parentage and contradicts the objectives of Sharia.” The Qur’an explicitly upholds the sanctity of the marital bond and prohibits forms of reproduction that blur genetic heritage (Surah AlMujadila 58:2). However, modern scholars such as Yusuf Al-Qaradawi (2003) and Muhammad Tantawi (1998) have argued for nuanced positions. They suggest that gestational surrogacy might be conditionally permissible if both gametes belong to the married couple and no donor material is involved. In such cases, the surrogate’s role is limited to nurturing the embryo, not contributing genetically, and thus may be allowed under the principle of maslaha (public interest). International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 6 4.2 Secular Ethics and Feminist Perspectives Secular ethics views surrogacy through the lenses of autonomy, consent, and exploitation. Supporters emphasize the surrogate’s freedom to choose and the intended parents’ right to procreate. Opponents argue that surrogacy commercializes motherhood and treats the human body as a transactional commodity. Feminist scholars like Elizabeth Anderson (1990) contend that commercial surrogacy “degrades women by turning their reproductive labor into a market commodity.” In the Uzbek context, where motherhood carries spiritual and cultural reverence, these critiques resonate strongly. A regulatory framework must therefore protect both moral integrity and individual autonomy. 4.3 Public Opinion and Cultural Sensitivity Public discourse in Uzbekistan reveals ambivalence. While surrogacy is often perceived as unnatural or morally ambiguous, compassion for infertile couples remains high. Surveys indicate moderate support for altruistic surrogacy—where no commercial payment is involved but expenses are covered. This cultural nuance suggests that regulation permitting only medically justified and altruistic surrogacy could achieve social acceptance while respecting Islamic and moral boundaries. 4.4 Ethical Balance Uzbekistan’s policy challenge lies in balancing religious ethics, social morality, and legal modernity. A viable solution is a hybrid ethical model that: ● Prohibits commercial surrogacy and third-party gamete donation; ● Permits altruistic gestational surrogacy under state supervision; ● Ensures transparency, informed consent, and health protection. This balance respects Sharia’s concern for lineage, secular law’s emphasis on human rights, and modern medicine’s capacity to alleviate suffering. 5. Comparative Legal Models Globally, surrogacy regulation varies dramatically. The spectrum ranges from prohibition to full legalization, reflecting differences in moral philosophy, culture, and socioeconomics. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 7 ● Russia and Ukraine: Fully legalized commercial surrogacy with binding contracts and direct parental registration. However, this openness has created ethical controversies and “reproductive tourism.” ● Kazakhstan: Allows both altruistic and commercial surrogacy but under strict medical and ethical supervision, requiring notarized agreements and psychological screening. ● European Union: Countries like France, Germany, and Italy prohibit surrogacy entirely. The European Court of Human Rights (ECHR, 2014) mandates, however, that member states must recognize the legal status of children born abroad through lawful surrogacy to uphold the right to family life. ● United States: State-based regulation. California and Illinois fully legalize surrogacy, while Michigan bans it criminally. ● India: Once a global surrogacy hub, India banned commercial surrogacy in 2021, now allowing only altruistic arrangements between relatives. Each model embodies distinct ethical trade-offs, offering valuable lessons for Uzbekistan’s future lawmaking. 6. Comparative Evaluation and Lessons for Uzbekistan From a comparative standpoint, three major approaches can be identified: 1. Prohibitive Model (Europe) – Prohibits all surrogacy on moral grounds, preserving human dignity but leading to reproductive tourism. 2. Permissive Model (Russia, Ukraine) – Legalizes surrogacy comprehensively but risks commercialization and exploitation. 3. Hybrid Model (Kazakhstan, India) – Permits only altruistic and medically necessary surrogacy under state regulation. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 8 For Uzbekistan, the hybrid model offers the most compatible balance between cultural values and medical needs. The Kazakh framework—requiring medical justification, notarized contracts, and strict oversight—demonstrates that controlled legality can coexist with ethical responsibility. Uzbekistan can draw specific lessons: ● Surrogacy should be restricted to gestational, altruistic arrangements for married heterosexual couples with proven infertility. ● Commercial intermediaries must be banned to prevent exploitation. ● The Family Code should be amended to recognize intended parents as legal parents from birth. ● A state registry of surrogacy cases should ensure transparency, health safety, and legal documentation. ● Cross-border arrangements should be subject to government authorization to prevent statelessness and trafficking. Such a model aligns with Islamic moral philosophy, preserves family integrity, and upholds constitutional principles. 7. Recommendations for Reform 1. Enact a comprehensive “Law on Assisted Reproductive Technologies.” This should define surrogacy, eligibility, parental rights, medical standards, and penalties for violations. 2. Amend the Family Code. Recognize intended parents as the legal parents immediately upon birth, provided the surrogacy meets legal criteria. 3. Establish a Licensing System. Only accredited clinics should perform surrogacy under Ministry of Health International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 9 supervision. 4. Form National Ethics Committees. These bodies should review all surrogacy cases before approval, ensuring medical necessity and ethical compliance. 5. Ensure Surrogate Mothers’ Rights. Include mandatory informed consent, psychological support, medical insurance, and fair expense coverage. 6. Protect Children’s Rights. Guarantee birth registration, nationality, and inheritance equality. 7. Promote Public and Religious Dialogue. Continuous engagement with religious scholars, women’s organizations, and healthcare experts will enhance legitimacy and understanding. 8. Potential Challenges Even with a robust law, Uzbekistan will face practical difficulties: ● Resistance from conservative religious circles viewing surrogacy as immoral. ● Limited administrative capacity to monitor clinics and enforce ethical standards. ● Economic inequality that might drive women into surrogacy for financial need. ● Risk of corruption and “underground markets” if regulation is too restrictive. Gradual implementation—starting with altruistic domestic surrogacy under strict state control—will allow social adaptation and institutional learning. 9. Socioeconomic and Gender Implications