Gestational surrogacy: human dignity at stake
Abstract
Surrogate pregnancy has posed serious public order problems in those States where, as is the case in Spain, this practice is not legalised. The tension between the dignity and rights of pregnant women, the wishes of the future parents and, above all, the best interests of the child cannot be resolved automatically, with priority being given to the latter. Rather, a detailed analysis of each case is required, taking into account all the concurrent circumstances. Responses at state level are difficult and unsatisfactory. Ideally, a public international law solution would be required.
Received: 04.12.2020
Accepted: 21.12.2020
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Last update: 08/02/2022
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