La maternidad subrogada en Colombia, el status quo y la perspectiva a futuro

Abstract

The advancement of technologies, regarding many issues and in this case maternity has fallen short in legislative matters, it should be taken into account that the Colombian Civil Code is very old, dates from the year 1804, with important modifications, but the fertilization invitro and the discoveries on fertilization are subsequent to its promulgation. This investigation is viable, because the rent of bellies occurs in the country, but is not regulated, when the couple goes to a state entity to receive the child born through this procedure with an adoption process, governed by the rules for such an end Therefore the country is in default to legislate on the matter to avoid in that way that there is a traffic of the human dignity. Also because it is important to study a subject that has a large legal vacuum and in which what is done is to rent the body of a woman, to become a progenitor. It is pertinent to make this study, because there has been a mental shift in society, the changes that have been presented have had to be accepted by the legislation to support them through legal rules and thus obtain benefits. Currently there is only one legal pronouncement in this regard and it is the T-968 guardianship sentence of 2009, in which the Constitutional Court ruled in favor of a Valle del Cauca woman who rented her belly to a Colombian couple living abroad and when had the son did not want to deliver, the Court relied on Article 42 above stipulates "children born during the marriage or outside it, adopted or procreated natural or with scientific assistance, have equal duties and rights." In the case of the woman who lends her belly and her ovum there is no doubt that she is the mother and when she gives it, a problem arises because there is no mother's identity, since she is the mother according to the Colombian Constitution, in that case she I would share the quality of a mother with a father who has a marriage or an affective relationship with another person. Also because in the country, this can become a business of incalculable dimensions, and negotiation with the human person would be given, a topic that is very delicate. Regarding the methodology, the research had a legal focus, in which surrogacy was analyzed. The type of research was documentary, of an explanatory nature.