Surrogate pregnancy within the framework of the Spanish Constitution: a matter of rights

Abstract

Surrogate pregnancy or gestation by substitution is a controversial and highly topical practice, especially in Spain, because, though not allowed in our legal system, some couples are already using it abroad. This work aims to develop the aspects that I consider more important to support my argument against the practice of renting women’s bodies to gestate children for other people through a contract: undermining the dignity of the pregnant women and their inherent rights, the waiver of rights of filiation, and the so-called freedom of the pregnant women to accept the terms of the contract. Surrogate pregnancy affects the right to physical and moral integrity of the pregnant women. It affects their dignity because it damages important inherent rights and also because there is a clear exploitation of women to fulfill desires in favour of a patriarchal structure manifested both in the pressure of being a mother at all costs and also in the need of searching children with their own genetic characteristics. Futhermore it also affects their freedom, since one can only decide freely if one is not compromised by economic needs, so free choice on actions that can harm the health and life of persons should only be taken under conditions of full equality. Published online: 30 July 2017

Keywords

• Surrogate pregnancy
• human dignity
• rights
• filiation
• freedom