THE RATIO OF ADOPTION AND SURROGACY IN THE FRAMEWORK OF DOMESTIC AND FOREIGN FAMILISM

Abstract

This article explores the doctrine of public policy in relation to contracts in general and examines the specific government rules laid down in adoption legislation. The article concludes that surrogate parenting agreements are 1) incompatible with adoption consent clauses, 2) incompatible with laws prohibiting the sale of children, and 3) incompatible with adoption clauses that require careful investigation of adoptive parents to ensure that adoption is in the best interests of the child. The author notes the increasing cases of the sale of children in Uzbekistan. Surrogate parenting agreements that meet the requirements of adoption in all respects except for failure to comply with the provisions on consent to adoption must be revoked. However, surrogate parent agreements that violate prohibitions on the sale of infants or provisions requiring an investigation against foster parents should be void. The article examines the doctrine of public policy as applied to traditional contract law, the adoption process and the underlying public policy, the incompatibility between surrogate parenting agreements and adoption laws.