18. Is there:
a. any public discussion about the topic Yes/No
b. planning of new regulation at national level No
19. Please specify any additional relevant aspects which were not mentioned.
Surrogacy in the sense of surrogate mothership in the context of medically assisted procreation is not allowed in Türkiye. Medically assisted procreation is limited to artificial insemination such as IVF techniques and the like, and these are practiced in cases of infertility at certified medical centres permitted / authorised and monitored by the State in line with the concerned Regulation.
In Türkiye the main legal document dealing with the assisted procreation is the Regulation on the application of Assisted Reproduction and the health institutions that practice this (Uremeye Yardimci Tedavi Uygulamalari ve Uremeye Yardimci Tedavi Merkezleri Hakkinda Yonetmelik) (The Regulation).
The Regulation ordains the application of the medical techniques of assisted reproduction and embryo transfer in line with the modern medical technologies and sciences. It also regulates specifications of the practice, duties and responsibilities, physical conditions, terms of certification of the concerned health institutions (whether in the State or at private sector), requirements of the personnel who work there, and the like.
Article 1 states that assisted reproduction and embryo transfer can be applied only to married couples who are not able to procreate in natural way.
Article 4/f states that only expectant mother’s ovum and her husband’s sperm can be fertilized by diverse medical methods and transferred and placed into mother-to-be’s womb through proper medical techniques.
It is added to the Regulation that only married but infertile couples can benefit from assisted procreation services using only their own fertilized oocytes, sperms and zygotes. Couples are also liable to document their infertility meaning that they are unable to reproduce in natural way.
Upon an amendment on 8.7.2005, Article 17 prohibits the use of ova, sperms and embryos harvested from married couples onto other persons or candidates of parents. This Article, prohibits also, the use of ova, sperms and embryos harvested from other persons or candidates for the applicant parents. This Article bans the commercialization of human reproduction cells, as well.
In conclusion, as understood from the Regulation, married couples are strictly forbidden to accept (egg and/or sperm) donation from other persons or to donate their own embryos to other persons, or transfer them to surrogate mother(s). Surrogacy is evaluated as against individual rights and freedoms, common morality and common law (1)
The underlying reasoning of this argumentation lies in the idea of parenthood and familial link stated in the Turkish Civil Code (2). However, the relevant parts of the Civil Code dealing with parenthood or familial link do not ordain assisted procreation and embryo transfer, neither their relevant outcomes are presumed. The Turkish Civil Code (2001) acknowledges the Roman Law principle “Mater semper carta es’’, which has the power of praesumptio iuris et de iure, meaning that no counter-evidence can be made against this principle (literally: Presumed there is no counter evidence and by the law). Its meaning is that the mother of the child is always known. Article 282/1 states that the familial parental link between the mother and the child is set by birth that means legal mother is biological mother. The underlying reason of this is the presumption that there is a biological bond (umbilical cord unifying them) between the bearing and delivering mother with the child who is born (3).
Nevertheless, there seems to be some shortages to be amended to cover the needs of persons regarding emerging new medical technologies and genetics.
Sources
(1) The Regulation http://www.mevzuat.gov.tr/Metin.Aspx?MevzuatKod=7.5.20085&MevzuatIliski=0&sourceXmlSearch=%C3%BCreme (Accessed on 29.08.2016)
(2) The Turkish Civil Code (recently amended in 2013): http://www.mevzuat.gov.tr/MevzuatMetin/1.5.4721-20130711.pdf (Accessed on 29.08.2016)
(3) Sukran Sipka, “Tasiyici annelik ve getirdigi hukuki sorunlar” (Surrogate mor-therhood and the problems brought along with), Cumhuriyet Dergi, 25 February 2007http://www.turkhukuksitesi.com/makale_537.htm (Accessed on 29.08.2016)
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Surrogacy has not been regulated by law in Türkiye, in other words, there is no law or regulation on surrogacy and surrogate motherhood in the sense of assisted reproduction. But the conditions of having a child through assisted procreation have been ordained by law and the allied Regulation mentioned above which do not include surrogacy nor surrogate motherhood.
In Türkiye, embryo is created for procreation, meaning that, it is produced in vitro for fertilization of the married couples who cannot have child in natural way. This procedure has been legalized and it can be done only by the ova and sperms (oocytes and zygots, gametes) of the married couples themselves; they cannot be taken from third parties.
Additionally, embryo is not created by research purposes. The surplus embryos created during the process of assisted reproduction are not allowed to be used for research purposes. The legal regulations concerning stem cell and regenerative medicine are at a preliminary stage and this area needs to be improved and enhanced.