La maternidad subrogada y su aplicabilidad jurídica en un estado social de derecho como Colombia

Abstract

This academic reflection has been aimed at analyzing the legal validity of a human procreation practice determined by a contract entered into between a woman who gives up her womb for the engendering of a life product of the other contracting party, a woman who has her eggs for fertilization in a foreign womb and of the contractor party, within the Colombian legal and jurisprudential framework, analyzing, among other relevant aspects, the legality of the contract, the possible punishableness of this procedure and the rights of the unborn, the newborn, the family and the parties involved in this apparent legal business. Carrying out a brief Colombian normative and jurisprudential analysis and an account of the development of this method of human reproduction in the light of comparative law. Technological, scientific and socio-legal developments aimed at satisfying the needs of the population in a State such as Colombia, and resulting in the social dynamics and the phenomena that it has caused, have given rise to procedures such as surrogacy or surrogacy. surrogacy, which through artificial insemination and invitro fertilization, have become the solution to the infertility problems that today are affecting people who suffer from it. According to the social problems described in Colombia, what we know today as surrogacy is presented as a possible solution, understood as the practice in which “a fertile woman agrees to gestate and give birth to a child in favor of a person or a couple, giving them custody and renouncing maternal and child rights, who are obliged to recognize him as a child or adopt him ”(LABADIE JACKSON, 2008, pp. 32-33). Citado por (Russi, 2015, pág. 1)