At a time when the Family Code was still at the stage of the project, the adoption of the Law on Reproductive Health created difficulties as this law did not foresee anything about the procedures to be followed by the ordering parents to legally register the child as a child theirs. To fill this legal vacuum in the Family Code was expressly provided, in Article 261, that for surrogative adoption, provided for in Law no. 8876, dated 04.04.2002 “On Reproductive Health”, the same criteria and procedures as provided in this Code and relevant legislation apply. In this regard some problems arise depending on use of surrogative technique. In this scientific paper I will give my contribution in this field to better understand this new area of family law that is being developing every year in Albania.