Confrontation of principles in the regulation of surrogacy: View from comparative experience and Colombian law

Abstract

The article identifies two distinct positions in comparative law with regard to the treatment of surrogacy. One position emphasizes self-determination in deciding on procreation and its consequences. The other places the principle of human dignity as a filter for decisions made about this practice of artificial procreation. In this way, it is possible to understand the theoretical implications of the legislator's decision by examining the Colombian regulatory framework to ascertain the prevailing principles governing procreation and to assess the significant legal challenges encountered by a position seeking to establish filiation in accordance with the will of the parties involved in surrogacy, while upholding the principles of human dignity and the family as the fundamental unit of society.