The best interest of the minor as a starting point in the possible regulation of solidarity surrogate motherhood in Spain

Authors

  • María Ángeles Serrano Ochoa Universidad de Sevilla

DOI:

https://doi.org/10.18042/cepc/redc.129.04

Abstract

The legalization of surrogacy in different countries has sparked an intense legal-constitutional debate. In Spain we predict that it will become legitimized in the medium term, at least altruistically, because it cannot be ignored that surrogacy has been taking place outside our borders and in view of this fact the legislator must begin to solve the legal implications that such a way of reproducing generates, once the obsolescence of the mater semper certa est principle has been verified. Faced with this future scenario, the purpose of this paper is to reflect on the rights worthy of protection of the minor who is born from this reproductive process and their best interest, as it is the cornerstone of future regulation on the matter, since from that perspective both the fundamental rights of the pregnant woman and those of the intended parents can be guaranteed.

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Published

2023-12-18

How to Cite

Serrano Ochoa, M. Ángeles. (2023). The best interest of the minor as a starting point in the possible regulation of solidarity surrogate motherhood in Spain. Revista Española De Derecho Constitucional, (129), 117–144. https://doi.org/10.18042/cepc/redc.129.04