Infertility, an obstacle that crumbles the dreams of families, has found an ally in assisted reproduction techniques. These medical innovations, more than just treatments, are beacons of hope that light the way to parenthood. How is it possible to challenge biology and build families where nature imposes limits? This blog will take you on a journey through surrogacy, one of the most debated and fascinating techniques.
From in vitro fertilization to surrogacy, the options are diverse, but we will focus on the latter: surrogacy (GS). Imagine a contract where a woman carries in her womb the desire of others, an act of generosity that defies traditional definitions of motherhood. What legal and ethical implications arise from this agreement? Join us for an in-depth analysis of surrogacy, its complexities, and its legal situation in the Dominican Republic.

What is surrogacy (GS)?

Surrogacy, an assisted reproduction technique that challenges the traditional paradigms of motherhood, is defined by a contractual agreement in which a woman, the surrogate, agrees to carry a pregnancy to term and deliver the newborn to another person or couple, the principals. This arrangement, which can be onerous or altruistic, raises complex ethical and legal questions.

Types of surrogacy:

Traditional surrogacy (total):

• The surrogate provides her own egg, establishing a biological link with the child.
• The sperm can come from the intended father or from a donor.
• Artificial insemination is the method used.

Gestational surrogacy (partial):

• The surrogate mother only carries the pregnancy, without providing her egg.
• The egg comes from the intended mother or a donor.
• In vitro fertilization (IVF) is performed in a laboratory, and the resulting embryo is implanted in the uterus of the surrogate mother.

The legal and ethical labyrinth in the Dominican Republic:

The GS raises profound questions in the legal, ethical and social spheres, especially in the Dominican Republic, where there is a legal vacuum.

Legal Challenges:

• The principle “mater semper certa est” (the mother is always true) is being challenged by advances in genetics and assisted reproductive techniques.
• The validity of gs contracts is a matter of debate, due to the possible illegality of the object of the contract and the non-transferability of generative capacity.
• The Dominican penal code punishes the presumption of childbirth, which raises doubts about the legality of the GS.
• The filiation of the child, since, although DNA tests are very reliable, the pro-creational will and affection are very important aspects to take into account.

International perspective:

GS is a controversial topic globally, with different legal and ethical approaches.
Some countries, such as Portugal and certain states in Mexico, regulate it, establishing requirements and safeguards to protect all parties involved. Others, such as Spain, prohibit it, arguing that it violates the rights of women and children.
Countries such as Argentina, El Salvador and the Dominican Republic maintain a legal silence, which generates uncertainty and possible conflicts.

Conclusion:

Surrogacy, far from being a mere medical procedure, is intertwined with internationally recognized fundamental rights, such as access to scientific advances, private and family life, and equality. The silence of the Dominican State in the face of this reality creates a legal vacuum that violates essential rights. The lack of regulation generates uncertainty about the validity of contracts, filiation and the rights of the parties. It is imperative that Dominican law regulates this figure, harmonizing conflicting rights and protecting the most vulnerable. Society demands solutions that guarantee justice and respect for human dignity..