In the middle of the great blackout and rail chaos, and the doors of a conclave, this week the Subrogated gestationand little has been talked about it. The government has hardened the conditions to register in the registry to those born in this way abroad. From now on, in order to register babies, biological affiliation must be accredited, or carry out an adoption process, mandatory in the case of the father or mother who has not transmitted their genes. Families around the surrogate pregnancy ensure that this violates and stigmatizes newborns. It could be the case that, during the adoption process, the father or genetic mother died. In what legal situation would the family be then?
The substantive issue is not specific cases such as the one described, but the debate on subrogated gestation, which the law of the only one is consider a form of violence against women and minors. In Spain, in 2024 they were recorded 154 boys and girls born by this method abroad. Now the government, in order to discourage this practice, hardens the conditions of registration of minors.
The reality of subrogated pregnancy It is multiple and differs greatly in each country where it is legal. In Portugal, Greece, Canada, the United Kingdom, Australia, Brazil, Uruguay, India and South Africa, it is only allowed altruistically; In Ukraine there is a high economic remuneration that pushes many women to undergo that practice by guaranteeing a future to them or their own children, and only they were accepted, until the beginning of the war, heterosexual couples. In Chicago, economic and emotional stability is required to the pregnant woman. In Latin America there are several countries, such as Mexico – with the exception of the states of Tabasco and Sinaloa – or Colombia, where subrogated gestation is not regulated but is practiced, being the courts ultimately those that seek the registration of the baby at the blow of sentence.
Substitution gestation generates many ethical doubts when there is a situation of Great economic inequality between destination parents and pregnant women. It cannot be considered that The consent is really free When social class inequalities are pronounced. Clearly the woman’s decision will not be the same if the reality is that only with the economic benefits of a gestation may afford the university studies of their children or pay a house.
But on the other hand, it is not understood why the law should stop that a grandmother Geste to her granddaughter, if her daughter suffers from complications in the uterus, or why they can be legally donated in Spain, in exchange for a more or less symbolic remuneration, but it is not accepted that it is given by the same legal principles. On the other hand, No one can demand a woman to do with her body. Is it consistent that we defend the right to abortion of a woman but not the right to give life, if the consent is free?
On the other hand, it could be that in subrogated gestation we are based on our judgment on stereotypes. The image of the receiving parents that we would have in mind is a gay couple with a baggy economic position, because we know that a subrogated gestation Between 100,000 and 200,000 euroswhich include remuneration to the pregnant woman and intermediaries, such as the agencies that facilitate the process. But we ignore that 62% of applications to register newborns by subrogated gestation in Spain have been submitted by heterosexual couples. Upon knowing this data, does the image of subrogated gestation change? Would we be more empathic with a woman who has ovules, but not uterus, and science allows you to have children with this method? Could there be any homophobia in the opposition to pregnancy by substitution? Subrogated gestation, yes, or not?
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