THE CONTROVERSIAL SURROGATE MOTHERHOOD IN MEXICO

Abstract

Faced with a scenario of almost absolute deregulation, in Mexico surrogacy continues to represent an Achilles heel in the environment of respect for human rights, legal doctrine has dealt with the problems that arise from its existence, every time it survives in an extra-legal scenario that generates a vagueness as to its legal nature, in such a way that it seems to be located in the contractual context, when due to its transcendence it affects the field of human rights. In recent criteria the Supreme Court has established the competence of the federative entities to regulate the economic terms of this legal figure, an opposite should we conclude that the other aspects should be covered by federal legislation? The present work of dogmatic theoretical cut, part of the hypothesis that surrogacy is acephalous of an adequate regulation in Mexico which affects the violation of human rights and the realization of agreements that border on illegality with an absolute lack of protection to the people involved including the human being in gestation. Legal hermeneutics and epistemology support the methodology used and the technique of reviewing specialized literature gives adequate support to the conclusions obtained that confirm the hypothesis. .