Surrogacy: contemporary challenges of private international law and the legal status of parentage Cover Image
  • Price 4.50 €

Gestación por sustitución: desafíos contemporáneos del derecho internacional privado y la imputación de los vínculos parentales
Surrogacy: contemporary challenges of private international law and the legal status of parentage

Author(s): Eliza Cerutti
Subject(s): Civil Law, International Law, Human Rights and Humanitarian Law, Psychology of Self
Published by: Universul Juridic
Keywords: surrogacy; cross-border reproductive care; parentage; best interests of the child; private international law;

Summary/Abstract: The demand for surrogacy has increased in recent decades. Because it is a form of reproduction closely linked to cultural, social and religious values, it has faced different legal treatment. Such differences have led people to look for these reproductive services abroad, which, in addition to enhancing the uncertainties regarding the legal status of parentage, require the incidence of private international law, as a result of contact with more than one legal system. The issues generated by this phenomenon have mobilized several countries and the international community to revise domestic laws and establish multilateral cooperation mechanisms that ensure certainty about the legal status of the unborn child. In light of this reality, the present study aims to explore how this growing phenomenon has impacted the parentage and what are the possibilities to ensure the effective protection of the best interests of the child. The present study involves the analysis of the regulation of some countries and how they have been facing the problem of cross-border reproductive care, as well as the Hague Conference on Private International Law which has a project to create an international system of cooperation regarding parentage and surrogacy.

  • Issue Year: 2023
  • Issue No: 01
  • Page Range: 109-134
  • Page Count: 26
  • Language: Spanish