Resumo

BOLLINGER RIOS, Victoria. Surrogacy in Mexico: What are the problems in light of international standards on Human Rights?. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.161, pp.479-508.  Epub 09-Maio-2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.161.16483.

The article exposes the problems present in Mexico when surrogacy arrangements are signed in a context of the legal void, and the consequent violations of human rights of people willing to procreate, surrogate mothers and the best interests of children, due to the absence of mechanisms that supervise and inspect the actions of assisted reproduction clinics that act as intermediaries in the contractual relationship. In this sense, the criteria set forth by the Inter-American Court of Human Rights regarding the scope, limits, and state duties that emanate from the human rights at stake will be reviewed and analyzed, in order to present a prevention strategy that allows the good practice of gestational surrogacy in the country.

Palavras-chave : will to procreate; surrogacy; human rights; assisted reproduction clinics; intermediaries; best interests of children; surrogate mother; surrogacy arrangements.

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