La maternidad subrogada: tendencias de regulación en Latinoamérica
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, Chi...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7947637 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 18, Nº. 1, 2021, pags. 74-90 |
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| Summary: |
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. |
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