The prohibition of surrogacy, is it incompatible with our international public order?

Abstract

This paper reviews a position favorable to surrogacy, which would arise from a particular interpretation of Private International Law regarding the recognition of foreign affiliation in the Civil and Commercial Code of the Nation. For this, the cultural bases and the legal determination of motherhood in our country, the characterization of surrogacy and the dilemmas that appear in the figure in its global projection are analyzed; It delves into the notion of public order and the criteria that found international public order, its nuances and the doctrine of the latest international judicial pronouncements; on these bases, it is concluded that our legal order, beyond the modulations of international matters, rejects surrogacy contracts and abusive situations associated with them.