La inmutabilidad del principio "mater sempre certa est" y los debates actuales de la gestación por sustitución en España

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Surrogated motherhood is subject to numerous ethical objections, although there are various legal options about it. This article analyzes the arguments used in these discussions regarding the possibility to legally dispose of parts of the human bod
y, about the consideration of this type of technique as something unnatural, its relation to the rules of filiation, the potential dangers of exploitation of pregnant women and the protection of the rights of the person who was gestated using this
technique. Very few times in this debate the legal meaning that our legal system gives
motherhood is discussed, nor the reasons that make so difficult to change the principle
that motherhood is determined by birth. Our analysis concludes with the proposal that
it is necessary a legal, social and ethical debate where women are present as subjects
and not as objects of this public discussion about a hypothetical regulation of surrogate
Original languageSpanish
Pages (from-to)3-19
Number of pages17
JournalUniversitas, Revista de Filosofía, Derecho y Política
Issue number21
Publication statusPublished - Jan 2015


  • Filiations
  • Renting mothers
  • Reproductive tourism
  • Right to reproduction
  • Substitute motherhood
  • Substitute pregnancy
  • Surrogate motherhood

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