La maternidad de alquiler frente a la summa divisio iuris entre las personas y las cosas

Abstract

Legalizing gestational surrogacy is on the political agenda of many European countries. It may seem difficult not to admit this procedure into the law as it relies on the techniques of assisted human reproduction that, in most countries, have been recognized and regulated. This paper aims to identify the specific problems raised by surrogate motherhood. From a primarily legal approach, this practice is questioned both in regard to the surrogate mother and for the child to be born. It is found that, upsetting the summa divisio iuris between persons and things, gestational surrogacy leads to the instrumentalization of women and to the unborn child reification.