Conflictos presentes en Colombia, para la determinación de la filiación del menor concebido a través de la gestación por sustitución, con respecto a los derechos de la madre genética.

Abstract

The general objective of this research was to analyze the conflicts that occur in Colombia for the determination of the filiation of the minor conceived through surrogate motherhood, with respect to the rights of the genetic mother. For the purposes of this study, a documentary review of the doctrine, jurisprudence and legal norms that regulate the determination of the maternal affiliation of the minor when it is conceived through the assisted reproduction technique such as the surrogate mother was carried out. and the rights that the genetic mother has over the newborn, without attempting to establish cause and effect relationships between the categories analyzed. Additionally, a comparative analysis was carried out between Colombian and Canadian and Argentina legislation on surrogate motherhood in order to determine the strengths and weaknesses of the Colombian legal system. The methodology used in this study is qualitative, with a phenomenological approach. The results emanating from this monograph revealed that there is a legal vacuum regarding surrogate motherhood, which has generated important conflicts in the determination of maternal and subsidiary rights over the minor, since it is unknown if in this context the fact of childbirth prevails. on the genetic load of the mother of the child conceived through this assisted reproduction technique. Likewise, even though the Magna Carta accepts assisted human procreation techniques and protects the rights of children conceived through this type of method, at present a law that is consistent with constitutional principles has not been passed.