Maternidad subrogada como negocio jurídico un análisis comparativo de la legislación estadounidense y colombiana

Abstract

The present work has the purpose of solving the question of whether it is possible under the conception of article 42 to create a family originated by a legal business, this problem arises due to the impossibility of some couples to conceive naturally or due to the need to create a family. family without carrying the risks of pregnancy, transferring that burden to a woman with the ability to gestate with the help of the surrogacy method, throughout this research we address different countries that have developed the issue and influence our legislation, such as Spain , United States, Russia, Ukraine.

In turn, we investigate the problems of the contract that occur within each country of study, and how this business generates a negative charge within the surrogacy contract to the woman who agrees to the terms and conditions imposed on her, thus generating a problem, both legal and bioethical, due to the lack of regulation that exists in some countries, and as Colombia has a legislative backwardness in the face of a problem that is occurring within the territory that has had to be developed through jurisprudence without the intervention of the congress.

Finally, with this work we propose a solution to avoid objectifying the woman and the baby fruit of the business, guaranteeing protection in the event of non-compliance by any of the parties, and which country is the one that we consider has had the greatest progress in relation to the business. of subrogation, so that countries like Colombia take the bases to achieve a normative development and guarantee the development of the contract, respecting the rights of the intervening parties within the legal business.