La gestación por sustitución y las mujeres gestantes: aspectos jurídicos y éticos

Abstract

Gestational surrogacy is a controversial reproductive method that is becoming very popular in our society. In Spain surrogacy agreements are no valid legally speaking but it is beginning to be questioned whether it is necessary to regulate gestation by substitution since both the Civil and Social Courts of Supreme Court is pass-ing sentences which are causing legal effects on these agreements, legalizing de facto gestational surrogacy. Surrogate woman is just seen as means of delivering babies and she is not involved in the whole process nei-ther makes any decision, she is the subject of the process but in fact is treated like an object.