Análisis jurídico de la maternidad por sustitución en amparo de los derecho de reproducción

Abstract

Surrogate motherhood is a procedure that begins with a contract or agreement between the parties involved, which can be altruistic or onerous, aiming at being able to access procreation through assisted human reproduction techniques, thanks to medical and technological advances, in favor of the woman, whose biological capacity does not allow her to conceive, or in the event of becoming pregnant she cannot give birth due to infertility or sterility problems, and indeed, not being able to found a family. For this reason, this type of procedure guarantees the reproductive rights and health of the couples, who have the freedom and autonomy to choose which technique to use according to their needs, as well as to enjoy and exercise this right of reproduction with reproductive equality and without discrimination, both the couple and the child born in this modality.