Breach of Civil Obligations by the Parties to a Surrogacy Contract

Abstract

Abstract: The modern era has witnessed a surge in assisted reproductive technologies, leading to the emergence of "surrogacy" as a means of treating infertility. This involves implanting a fertilized egg in the uterus of a woman who undertakes to care for the embryo and deliver it to the couple. This practice, which began in the veterinary field to increase animal production, has been transferred to humans, transforming into a global industry that raises ethical concerns about the exploitation of women in impoverished countries. This reality has resulted in a sharp legal divide; while some countries have legalized it based on the principle of freedom of contract, others have prohibited it as an infringement on the dignity of the human body and the family structure. The problem addressed by this study is highlighted by the clear "legislative vacuum" in Iraqi law, which lacks regulations governing third-party involvement in pregnancy Therefore, this research, employing both analytical and comparative methodologies, aims to address this gap and define the civil liability and mutual obligations between the contracting parties. The study also seeks to demonstrate the effectiveness of general principles of civil law in addressing these complex medical developments. Thus, surrogacy remains a challenging issue that combines scientific ambition, ethical considerations, and the legal protection of lineage and the rights of the unborn child.