[An approach to the legal and ethical problem of surrogate motherhood]

Surrogate motherhood is an issue which currently gives rise to considerable complexity. Some consider that it is a justifiable practice which should be permitted by law. However, western legal systems have traditionally understood that whereas objects can be traded freely, persons, including the human body, its organs and most essential functions, cannot be the object of commerce. This means that the freedom of the individual to make contracts for mutual benefit is limited. Regarding the child, legalization of surrogate motherhood means converting the parent-child relationship into a commercial relationship, since in the last instance this would depend on a financial transaction. Moreover, experience has shown that the child is left in a very vulnerable position, since his or her situation depends on the clauses set forth in the contract, which in no sense guarantees that his or her interests and rights will be protected. For all these reasons, we must conclude that the wish on the part of infertile couples should be taken seriously by society. However, not all desires that adults have should be regarded as rights, particularly if this is detrimental to the dignity and rights of other subjects involved, particularly those of vulnerable women and their children.