Claves Bioéticas para la Interpretación Constitucional de la Gestación Subrogada en el Ordenamiento Jurídico Colombiano

Abstract

There is a consensus in the doctrine about a legal gap in the Colombian legal system, which consists of the absence of specific regulation on surrogacy. Jurisprudence has had limited development in this regard, and, from the academy, legal debates have mainly been carried out around the missing regulation and its content. Legal literature has focused mainly on different dogmatic issues related to contractual matters typical of private law, leaving aside its approach from the constitutional and human rights perspective, which, necessarily, find a close connection with the bioethical perspective. This article, based on some ideas and approaches on the principles of bioethics, proposes to emphasize a series of constitutional principles for the interpretation, regulation and limitation of the atypical surrogacy contract in Colombia. Thus, it is determined that this practice raises a tension between the bioethical principles of justice and autonomy recognized in the Colombian legal system as part of the constitutionality block; and, on the other hand, the human rights to dignity and autonomy of the pregnant woman, which are essential constitutional pillars for the proposal of a specific regulation on surrogacy.

Keywords: Surrogate Mothers, Reproduction Techniques, Bioethics, Infertility, Human Rights, Rights of Children and Adolescents.