El concepto de maternidad subrogada en Colombia / the concept of subrogate motherhood in Colombia

The object of this article is to analyze the feasibility of a contract for subrogate motherhood according to the colombian family rights as a result of the agreement de wills manifested by the free development of the personality. For this purpose studies have been undertaken on the doctrinal and legal concepts concerning the family, family types, motherhood, presumption of paternity, family relationship and filiation that account for the family rights, in order to identify which could be the inconveniences for its possible application in the legal system, which establishes that the rigidness of the colombian legislation has caused that the Legal reality does not comply with the social reality. Likewise, the human assisted reproduction techniques will be defined since these constitute the means by which the benefits of the subrogated motherhood contract are materialized, then continuing to examine the integral approach, as well as to analyze its elements of validity according to those established in the norm and supported by the doctrine. In order to propose different solutions to the points of conflict, the legislations of the state of Utah in the United States, as well as those of India and Brazil have been consulted. It´s a fundamental research, with a juridical propositional type, for which I have used the hermeneutic process looking forward to make a complete interpretation of what´s stablished on the norm, making it possible to identify which are the limitations that may present against a possible application of a subrogate motherhood contract inside Colombia´s legal system.

• Autores: Vallejo Davis, María Antonia
• Fecha de publicación: 2015
• Institución: Universidad de San Buenaventura
• Repositorio: Repositorio USB
• Idioma: spa
• OAI Identifier: oai:bibliotecadigital.usb.edu.co:10819/3029
• Acceso en línea: http://hdl.handle.net/10819/3029
• Palabra clave: Donante; Parentesco; Filiation; Family; Derecho de familia; Maternidad substituta; Reproducción humana
• License: http://purl.org/coar/access_right/c_abf2