Comparative legal analysis of financial labor rights of surrogate mothers in the European Union and Georgia

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Surrogacy endures one of the biggest challenging and controversial issues not only in the European Union but around the world as well, including Georgia. As different legal systems divergently evaluate surrogacy as a business field, contrasting legal frames are found to guarantee for surrogate mothers. Georgia is not an exception from this, as new amendments in labor legislation have recently entered into force. During the law-making process, several problems have arisen, including issues of employed women requesting paid maternity leave in the private sector and surrogate mothers’ undefined rights contrasted to naturally pregnant women. As in every State, the parliament of Georgia had two opposing parties: The supporters of the law and those against it. As Georgia has signed ASSOCIATION AGREEMENT between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part and is following the path toward it, the whole process includes adopting regulations the European Union establishes and following the directions of the European Union Directives. In this research, my aim is to assess the position of surrogate mothers’ financial labor rights not only in the public sector but also in two diverse jurisdictions: European Union and Georgia. Through scrutinizing numerous articles of regulations and directives, papers written by superior researchers of law and economics around the world, the thesis has prevailed the structure accordingly: it starts with a short review of the origins of surrogacy as a business, I analyze the legal nature of surrogacy contracts, surrogate mothers' rights, and financial labor rights, and draft the conclusion about critical positions of European and Georgian legislations. The research mainly focuses on women’s challenging reality on demanding the vital development of law in the European Union and Georgia. To represent the major problem of the thesis, existing cases of relevant courts will be discussed. For clarification of motivation to protect surrogate mothers' financial labor rights, the research also highlights the importance of developing indisputable achievements of regulations in the European Union as in Georgia. The vision will be opposed with the opposing groups considering the substantial law more hazardous than beneficial. Finally, the wisely contrasted objective of accepting surrogacy and financial labor rights related to it directs and sets the conclusion between these opposing visions.

Leírás
Kulcsszavak
Surrogacy as business, financial labour rights of surrogate mothers, right on maternity leave for surrogate mothers
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