الأم البديلة في القانون المدني السوري

الملخص EN

Modern medicine has introduced the alternative mother method as a solution to the treatment of infertility which may affect some women because of uterine problems, thus depriving them of performing the maternity function that the woman has acquired, which is the most important effect of marriage.

In this method, a couple who wish to have a child, but the wife can not conceive because of problems in the uterus, agrees with a woman offering her womb to be fertilized in a laboratory, consisting of the sperm of the husband and the ovum of the woman and carrying them in her womb until the pregnancy is completed.

In return for a rent that is sometimes received from the couple or unpaid.

This research is an attempt to arrive at the correct legality that should be described by the current agreement between the spouses and the woman of the uterus, and then the proper legal status of the surrogate mother, the woman of the womb.

This paper also discusses the legitimacy of this agreement , In the light of the provisions of the Syrian Civil Code, because of the absence of special legislation dealing with this matter in Syria.