Causales de justificación para tipificar el contrato de maternidad subrogada en Colombia

Abstract

Surrogacy is considered an assisted reproduction technique. In Colombia, this practice is not regulated; however, the legislative body has attempted numerous times from 2009 to 2023 to establish a legal framework. The research was able to determine that there is a greater legal risk due to the lack of a specific legal framework. As illustrated by examples from other countries, the absence of regulations can result in disputes over parentage, exploitation of surrogate mothers, and violation of the rights of children born through this practice. The research project conducted a comparative law analysis of surrogacy in Canada, the United States, and India, where gaps and recommendations from scholars in these specific legislations were identified. Likewise, it was evidenced that this is a current practice in Colombian territory despite the lack of official recognition in the normative system. By adopting best practices and lessons from other countries, Colombia can create a balanced legal framework that prevents exploitation and facilitates safe and ethical access to surrogacy. The qualitative approach of the research analyzes the reality of surrogacy in Colombia, proposing regulation based on documentary analysis and comparative law. This approach allows for the identification of legal gaps and possible improvements, ensuring that Colombian regulations reflect its commitment to human dignity and women's reproductive rights.