La maternidad subrogada: tendencias de regulación en Latinoamérica

Karol X. Martínez-Muñoz, Camilo A. Rodríguez-Yong

Research output: Contribution to journalArticlepeer-review

Abstract

The article aims to contribute to the study of surrogacy by reviewing the Latin American experience. To this end, it seeks to identify the main characteristics of this experience by reviewing the legislative and judicial activity of some countries in the region (Argentina, Brazil, Colombia, Chile, Mexico, Uruguay and Venezuela) that have sought to regulate it, or have judicial decisions in this regard. Within this framework, the article is divided into two main chapters. In the first, some general considerations about surrogacy are presented, and in the second, the characteristics mentioned are identified and explained. Latin America has not been immune to the phenomenon of surrogacy. On the contrary, its experience shows a clear intention to adopt a position on this figure. However, in the face of the ethical, moral, political and legal conflicts and dilemmas involved, such will has not been materialized by the legislator in a majority and forceful way. Therefore, even though many bills have been presented, very few countries have current regulations on the subject. Faced with this situation, the judiciary has had to partially resolve the problems arising from surrogacy, with the consequences that this entails, that is, the absence of democratic representation in setting the parameters that should guide the state policy in a matter such as the one studied, and the legal uncertainty for citizens, which is the result of judicial discretion.

Original languageEnglish (US)
Pages (from-to)74-90
Number of pages17
JournalJuridicas
Volume18
Issue number1
DOIs
StatePublished - Jan 2021

All Science Journal Classification (ASJC) codes

  • Law

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