Surrogacy: the Supreme sentence that violates the rights of the pregnant

Home » Surrogacy: the Supreme sentence that violates the rights of the pregnant
Surrogacy: the Supreme sentence that violates the rights of the pregnant

Surrogacy: the Supreme sentence that violates the rights of the pregnant

The Supreme Court has ruled on one of the most controversial issues in our society: surrogacy. The plenary session of the First Chamber of the high court ruled that “substitution gestation contracts violate the fundamental rights of both the pregnant woman and the gestated child, and are therefore manifestly contrary to our public order and null and void “, the Supreme recalls as it has already said in other previous sentences.

“A person’s desire to have a child, no matter how noble, cannot be realized at the expense of other people’s rights. The surrogacy contract entails damage to the interest of the minor and exploitation of the woman ”, argue the magistrates.

This is how he sentences his ruling against a judgment of the Madrid Court that determined that a non-biological mother was the progenitor of a minor born in Mexico in 2015 through a surrogate womb with genetic material from an unknown donor. The 46-year-old woman, who could not have children, contracted the service through a surrogacy agency in that country. Upon arriving in Spain, she claimed to the Civil Registry to be recognized as her mother.

The contract she signed, among other things, obliged the child’s biological mother not to have any type of relationship with the child, to waive all her rights as a mother and to accept that “she is not the legal, natural, juridical or biological mother.” of the child”, among other things.

As for the future child, the Supreme Court indicates that he is deprived of the right to know his origins and is “reified” because he is conceived as the object of the contract, which the surrogate mother is obliged to deliver to the principal”, say the judges. .

According to the Supreme Court, these contracts are “unacceptable”, in addition to treating the surrogate mother and the minor as “mere objects, not as persons endowed with the dignity of their condition as human beings and the fundamental rights inherent to that dignity”, the magistrates settle. Check out more interesting topics on our site Faith Blog.

adoption as a solution

The ruling makes it clear that “wombs for rent” are prohibited in Spain and charges harshly both against the practice of surrogate pregnancy and against the agencies that profit from this type of business.

However, in order to provide a solution to this family and for the sake of satisfying the best interests of the minor, in this case the magistrates rule that the filiation relationship with the intending mother must be obtained by way of adoption, that is to say that the woman who contracted the gestation can be recognized as her mother through adoption.

More Relevant Topics:-

Leave Your Comment