Understanding Serbia’s Stance on Surrogacy: Legal Complexities and Personal Journeys

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The Serbian Legal Landscape on Surrogacy

In Serbia, surrogacy holds a unique and complex position within the legal framework. The country’s legislation, specifically the Law on Biomedically Assisted Fertilization, views carrying a pregnancy for another person as a criminal offense, punishable by a prison sentence of three to ten years. This strict legal stance has significant implications for couples seeking surrogacy, often driving them to seek options abroad.

The Personal Cost of Surrogacy for Serbian Couples

The journey to parenthood through surrogacy is not only emotionally taxing but also financially burdensome for many Serbian couples. The story of Kristina Savić, born without a uterus, highlights the personal and psychological challenges faced by individuals in this situation. Seeking surrogacy abroad, often in countries like Ukraine, Russia, Georgia, and Cyprus, comes at a high cost, ranging between €35,000 and €100,000, with some couples resorting to selling their homes to finance the procedure.

The Legal Framework and Its Implications

Serbia’s stance on surrogacy is shaped by cultural, religious, and social values. Unlike some countries where surrogacy is legal under certain conditions, Serbia’s laws are stringent. The legal mechanism envisioned involves a contract between the intended parents and the surrogate, which is court-verified to prevent exploitation and child trafficking. This regulation, however, does not simplify the process for those needing surrogacy due to medical reasons.

International Perspective and Serbian Government’s Role

Globally, the approach to surrogacy varies greatly. While countries like Russia, Georgia, and Ukraine permit it for heterosexual couples, others, like Mexico and Colombia, allow it for homosexual couples. In contrast, countries like Germany and France deem it illegal. The Serbian government dissolved the commission for drafting the Civil Code in 2019, which was meant to legally regulate this area, leaving a gap in comprehensive legal governance over surrogacy.

The Human Side of Surrogacy

The article delves into the human aspect of surrogacy, sharing stories of Serbian couples who have navigated this challenging path. It brings to light the emotional and financial struggles they endure in their quest to become parents, offering a poignant perspective on the lengths to which people will go to fulfill their dreams of having a family.

Closing Remarks: The Need for Legal Clarity and Compassion

The article concludes by emphasizing the need for legal clarity and compassion in addressing the complex issue of surrogacy in Serbia. It calls for a more understanding and supportive legal framework that balances the ethical concerns with the genuine needs of individuals who see surrogacy as their only path to parenthood.

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