Abstract: The study analyzes a legal nature of a contract for surrogate motherhood and also parties’ contractual liability, it considers the features of legal regulation of a child’s origin establishment who was born as a result of conclusion of a contract for surrogate motherhood. The programs of surrogate motherhood are rather successfully realized abroad for several decades. In turn, in the Republic of Tajikistan the application of auxiliary reproductive technologies has started being applied rather recently that, however, does not at all belittle the results of the conducted research. The scientific novelty of the research is that this study is the first complex research of a legal nature of surrogate motherhood and legal (the material and the legal and the conflict) regulations of this institute and also the responsibility for the realization of this form of auxiliary reproductive technologies. Researchers prove expediency of the use of the principle of free will for regulation of a contract for surrogate motherhood and also suggest using legislation of that country where a contract is executed. The development of medicine in the Republic of Tajikistan has allowed making different interventions into the reproductive system of a person for the purpose of the reproductive function restoration. Having conducted a comparative research of legislations of various states, Researchers come to a conclusion about expediency of the use of the principle of free will for the regulation of a contract for surrogate motherhood and also suggest using legislation of that country were a contract is executed and that family and legal responsibility for the non-execution or inadequate performance of a contract for surrogate motherhood is determined not only by free will of the parties but also in a place of performance of a contract. In this case, the cumulation of conflict principles cannot be avoided. According to such state of affairs, we have offered the use of legislation of that state where a contract for surrogate motherhood is executed.