The recent decision by the Constitutional Court of Croatia regarding the birth registration of a child born through surrogacy in war-affected Ukraine has ignited controversy. The situation involves a woman who is not the biological mother being listed as the mother in the official records, raising ethical questions about surrogacy practices. Surrogacy is explicitly banned in Croatia, as is the case in many other European Union countries, making this ruling particularly notable within the context of Croatian law.

Marina Katinić Pleić argues in her commentary for Glas Koncila that surrogacy essentially transforms the conception, carrying, and birth of a child into a transactional agreement, where a woman serves merely as an incubator. This framed exchange raises profound concerns as it favors procedural legality over the welfare and rights of both the child and the surrogate mother. The commercialization of familial relationships through surrogacy contracts poses significant ethical dilemmas that question societal values around motherhood and parenthood.

This decision has sparked a debate on the implications of legalizing such practices in Croatia, given the existing ban on surrogacy. Katinić Pleić suggests that the Constitutional Court's ruling may indeed pave the way for future acceptance of surrogacy in Croatia, challenging the current legal framework that safeguards the rights of women and children. The focus on transactional relationships in parenting brings forth a discussion on human rights and the potential commodification of children, prompting many to reflect on the significance of these practices within European societal norms.