Análisis de la Maternidad Subrogada en la Legislación Colombiana años 2015-2020

Abstract

In the present article will review the issue of the surrogate motherhood in Colombia, since on the subject was evident a legal vacuum, because it does not have a specific regulation, thereby creating legal uncertainty in the nature, implementation, and effectiveness of this legal business. For this, an analysis should be made to the scientific background of the techniques of assisted human reproduction, as well as the review of the different postures legal from the comparative law and international courts, in the understanding that it is important to have a clear definition as to the relationship between surrogacy and the concept of affiliation and its different variables, and the positions of the Colombian High Courts with thematic relevance, based on the Constitutional Court Ruling T-968 of 2009 that provided a definition on surrogate motherhood and some legislative-driven bills.