Surrogate Motherhood

Abstract

Legal analysis of surrogate motherhood possess several problems both at the theoretical level, especially because of the difficulties to set those contracts in a specific field of law, as well as at the practical level, mainly due to the drastic difference between national regulations which may either favor the practice or punish it with prison. Hence, sur- rogacy clearly stands in contradiction to certain regionally and interna- tionally recognized human rights. Moreover, the breach of some basic law presumptions entails the undermining of legal certainty and the difficulty to assert human rights. A priori both parents and children are entitled to a protection framework that dilutes to the extent that it could even van- ish in the case of surrogacy contracts. As a result, such contracts, whether altruistic or commercial, are widely open to question.