Abstract

GUIMARAES, Maria-Raquel. The new contract of gestational surrogacy in Portuguese Law under the Portuguese Constitutional Court Perspective. Rev. Bioética y Derecho [online]. 2018, n.44, pp.179-200. ISSN 1886-5887.

The Portuguese Constitutional Court has just declared the unconstitutionality of the main rules of the Gestational Surrogacy Act. Surrogate motherhood had been admitted in Portugal in August 2016 through formal and altruistic legally binding contracts. It is our purpose to identify the major problems raised by the Portuguese legal framework of surrogate motherhood concerning with the contract requirements and the parties consent in the light of the Constitutional Court position, assumed on Sentence no. 225/2018, of 24 April.

Keywords : gestational surrogacy; surrogate motherhood; rent-a-womb contract; Portuguese Law no. 32/2006; Portuguese Law no. 25/2016; Constitutional Court sentence no. 225/2018.

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