HUMAN RIGHTS AND REPRODUCTION: WRONGFUL SURROGACY CLAIM

Abstract

In cases of wrongful surrogacy, there is a mix-up of gametes or embryos intended for one woman, which are transferred to another as part of a assisted  reproductive tecnhologies (ART). Nowadays, as one might expect, the possibility of medical negligence in the field of ART is a real one, and it is in this context that we place our focus, there are situations in which the gametes or embryos used belong to people who wanted them to be used to produce their own offspring, but they end up being implanted in the uterus of a woman who has no intention of carrying a child for someone else or of bearing someone else’s children. Despite the contractual relationships and what they encompass — or what is not included in them — or even if included, the balance of rights and obligations of each party outweighs the terms that any contract might establish.  Ultimately, the decision must always be to safeguard the integrity of human creation, even if dispersed amongst several people, and parental identity which, in many cases, as noted, cannot be confined to the page of paper that the parties have signed.