Surrogacy: on the point of private and public

Surrogacy is the most relevant area for scientific research around the world. The global community is concerned that assisted reproductive technology is being used as a way of human trafficking. But conscientious participants, spouses, for whom the use of this technology is the only way to become parents, are at risk of repression, since even in those states in which surrogacy is allowed, there is no complete understanding of how not to cross the line between a good cause and a criminal tort. Freedom of contract in this case should have very clear boundaries. It should be under a strict control of the state, excluding even the slightest possibility of transforming private legal relations into criminal offenses. The moral side of surrogacy, religious contradictions are not considered in this essay, since this is a very subtle issue that has both social conflict and different attitude to this institute. The essay offers an author's vision of the existence of status quo in private law. The author will be glad to develop the discussion in this direction.