Gestación por sustitución: Omisión legislativa y repercusiones sociales

Abstract

Surrogate motherhood is a practice that is conducted in Colombia and for which there are no regulations. Therefore, it is necessary and urgent to regulate this topic, since gestational surrogacy is the most plausible solution to the problems of infertility or inability to gestate, the legislative omission is detrimental to fundamental rights such as reproductive rights and the right to freely make up a family, especially when the constitution recognizes the family as the fundamental pillar of society and establishes equality between families constituted naturally or with "scientific assistance". Therefore, the objective of the research is to determine which is the most appropriate legislative model to apply in Colombia regarding surrogate motherhood, for that reason a qualitative analysis was conducted, with a socio-legal and descriptive character based on jurisprudential, doctrinal, legal, and constitutional analysis. Furthermore, constitutional principles, respect for human rights and the best interest of the underage as a subject of special constitutional protection were considered. It was concluded that the ideal legislative model is one that allows the conclusion of the contract, but imposes restrictions; that contemplates the creation of a public entity and multidisciplinary legal teams; that accept the practice for altruistic purposes and only under the gestational form, what allows the creation of Assisted Filiation as a legal figure that gives rise to the filial bond between the intentional parents and the unborn child from the signing of the contract.