El desarrollo jurídico respecto de la maternidad subrogada

Abstract

In the national territory there is a huge and problematic legal vacuum in the face of surrogate motherhood, judges have a great inability to determine in judicial proceedings for breaches of these "contracts", who actually owns the right over the child: genetic parents who provide the embryo, or the pregnant mother, who carries the pregnancy. This issue is pertinent because these belly rental contracts have no apparent legal validity, insofar as it is intended that the surrogate mother deliver the baby after delivery, so that surrogate parents, who have an effective biological and genetic relationship with the newborn, obtain full paternity and maternity rights over him. The topic sub examine is relevant because it is a reality every day greater that many women and couples live to discern about the validity and applicability of this contract.