Abstract

SCOTTI, Luciana Beatriz. Surrogate Motherhood and Private International Law: Perspectives in the Light of the New Civil and Commercial Code of Argentina. Rev. Fac. Der. [online]. 2015, n.38, pp.231-275.  Epub Dec 01, 2019. ISSN 0797-8316.

The gestation by substitution, commonly called surrogacy, is undoubtedly a complex legal concept that has as many detractors as supporters. This technique of assisted human reproduction, unlike other traditionally accepted, puts into question the famous maxim of Roman law mater semper certa est. Though this practice is not new, it has gained popularity in recent years and in Argentina reached a noticeable impact due to a series of court decisions and particularly when it was incorporated into the Draft Civil and Commercial Code of Argentina and subsequently removed from the final text adopted by Congress. Given the legislative gap of the new Argentinean Code, approved by Act 26994, in force since 1 August 2015, we will often see cases of people making use of this technique in a foreign country. However, the effects of filiation obtained under foreign law that allows for substitution gestation, usually pose a problem of recognition in our country, to be analyzed in the light of the rules of Private International Law.

Keywords : Surrogated Motherhood; Private International Law; Assisted Reproduction; Reproductive Tourism; Extraterritorial Recognition.

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