Abstract
This text sets out the different arguments regarding surrogacy as a reproductive medicine tech-nique in Colombia. The procedure is described, as well as the legal matters that this issue generates. Gestational carriers appear as an alternative for couples who want to have a child but they are not able to conceive because of infertility issues and do not want to go through an adoption process. Therefore, they adhere to surrogacy as an alternative of assisted human reproduction; a procedure that in Colombia faces serious legal gaps and causes ethical dilemmas in the collective imagery. These situations suggest an open discussion through a dialectics between the scientific progress advances, the lack of legal regulation and the constants against ethical positions that the surrogacy procedure causes in Colombia and other parts of the world.
Highlights
The surrogacy practice in Colombia had an “indifferent” position on the part of the Constitutional Court in the past
The legal discourse about surrogate mothers has been nuanced with ideological opinion criteria and moral, legal, economic and biological factors; all of them are differently understood, which becomes an obstacle in the legislative advances related to this issue
It involves the progress in the development of individual freedoms that the neo-constitutionalism, dominant in Colombia, has been able to gradually conquer through new legal reasoning that emerges as a guarantee of personal autonomy
Summary
The surrogacy practice in Colombia had an “indifferent” position on the part of the Constitutional Court in the past. This proposal is justified on the arguments presented by the members of the congress, Maria Del Rosario Guerra and Santiago Valencia who vehemently state that surrogacy is an onerous practice of women’s exploitation. They consider that surrogacy has been understood in Colombia as the act of contracting a woman who promises to gestate a baby with the compromise of giving him to the requestors when he is born. These requestors promise to raise the baby, so the surrogate mother must renounce the filiation
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
