Commercial surrogacy and fundamental rights: A comparative constitutional analysis from the perspective of the Spanish Legal System

Palomares-Herrera M. · Estudios Constitucionales (2026) · DOI: 10.4067/s0718-52002026000100191

Resumen

In this article, a study is carried out to analyze the peculiar situation that the institution of surrogacy is going through from Spain through comparative law and from the analysis of administrative resolutions, international organizations for the protection of human rights and jurisprudence that serve the doctrine to position its argument both from the point of view of International Law and from Constitutional Law. To do this, we classify three doctrinal schools based on their position in relation to surrogacy: one pro-gestation, another pro-human rights, and a last equidistant doctrinal school, which is the majority. And it is that the prism of the international protection of human rights in constitutional charters is an obligatory crossing bridge in the debate that refers to this increasingly frequent practice but that does not find a clear or unanimous answer in legal certainty and in the European framework in a homogeneous way. One of the results of the bibliographical review and comparative law is that there is such an extreme heterogeneity that a global international response is required that provides legal security and safeguards the human rights of pregnant mothers and children.

Instituciones: Universidad Científica del Sur