Abstract

IGAREDA, Noelia. Surrogacy: an opportunity to rethink the filiation and human reproduction. Rev. Bioética y Derecho [online]. 2018, n.44, pp.57-72. ISSN 1886-5887.

Surrogacy is not admitted in Spain, even though altruistic surrogacy is allowed in other European countries. This article approaches some arguments used to put under question its altruistic character, as well as the concerns about the dignity of the surrogate and the baby. These concerns have more to do with the moral repulse caused by the belief in the maternal instinct and the theory of bond with a genetic or biological link. The article proposes the admission of surrogacy as a new form of filiation through a collaborative reproductive agreement, where the procreational will prevails, creating a legal instrument that provides security to the parties involved and guarantees their fundamental rights.

Keywords : surrogacy; altruism; filiation; reproductive collaborative agreement; reproductive tourism.

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