Publicación: La maternidad subrogada y su comportamiento jurídico en la legislación colombiana aplicado en parejas homoparentales
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Law and science, two historical sciences that in the passage of time have intertwined their knowledge to give life to scientific techniques that today take on great relevance, so much so that they cross different interdisciplinary fields but that although apparently they are shown to be opposite, the reality is that one science needs the other to promote its technical and legal development, such is the case of surrogacy, which, “evidently there is an absence in terms of understanding the surrogate womb and for this it must be understood as that situation in which a woman and a man, through an invitro fertilization, deposit a sperm and an egg in the womb of a woman other than the one who contributed the eggs, all with the purpose that this second woman carries the minor in her womb during the period that is necessary for her birth, according to the court, this conduct is not prohibited by the legal system, even so, it has not been a regulation that legitimizes it. Thus, for the year 2020 through sentence SU 074-20, it is possible to condense through a constitutional judge, the materialization of public policies regarding the free development of reproduction and sexual freedom and that through this materialization it is possible to take an evolutionary step, but that still reveals many social aspects, such as, for example, if people who have a sexual inclination for people of the same sex are immersed in the development of these public policies, because by already having recognition legal and constitutional, the following concerns are raised, How will the legal regulation of surrogacy be handled in terms of homoparental couples? Or for example, the regulation of various third parties? For example, when a man is alone, but he needs a third female who donates an egg so that through its sperm it can be fertilized and thus, it is possible to generate the second intervention of a third person, so that he rents his belly because the inclination of these questions leaves between the lines the issues to be highlighted. For that reason is necesary to be able to determine if the Colombian regulation regarding surrogacy manages to regulate the situation of homoparental couples, and in what aspects, under what legal, scientific and moral requirements and precepts. Well, only in this way, it is the only way to determine if, for couples of the same sex, social and legal discrimination is being made against them, by the State, since it is in a functional way that people of the same sex are immersed in the development of these assisted reproduction techniques such as surrogacy.