Surrogate Motherhood: a matter of fundamental rights

In recent years we are immersed in a deep social, political and legal debate about the so-called surrogate motherhood. This practice, which consists of the implantation by in vitro fertilization or artificial insemination of an embryo in a mother, with which the parents of intention have signed a previous contract, with or without economic remuneration, implies a real conflict of fundamental rights. The present study intends, through the analysis of existing jurisprudence, to detect the rights of all the subjects involved and extract balancing parameters that guarantee the protection of those that must be prioritized, in order to guide the resolution of future cases and the design of policies in this area.