A child should never be treated as an order. Debates and controversies surroundig surrogacy

Abstract

Surrogacy is a complex legal and healthcare practice in which multiple intentions converge to establish a parent–child relationship that goes beyond strictly biological ties. Its regulation requires a thorough and context-specific analysis to ensure the dignity and fundamental rights of all individuals involved. The current state of the debate raises serious challenges regarding the vulnerability of those who agree to gestate for others to meet economic needs, as well as the risk that the contractual logic inherent in surrogacy agreements may lead to the commodification of the rights of children born through this practice, which is incompatible with their recognition as rights-bearing individuals.