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Anuario mexicano de derecho internacional

Print version ISSN 1870-4654


GARCIA SAN JOSE, Daniel. Epigenetics and Commercial Surrogacy: More Reasons For International Law Regulting this Global Business. Anu. Mex. Der. Inter [online]. 2017, vol.17, pp.329-368. ISSN 1870-4654.

The analysis here developed focuses on the examination of the epigenetic risks for the health of children born through commercial surrogacy. It is defended the urgent need for an International Convention on human rights ad hoc for gestation by commercial surrogacy. To this aim we propose as inspiration for international legislator the theory of the right balance of different interests at stake, as it has been developed for decades by the European Court of Human Rights: Labasse and Menesson against France and Paradiso and Campanelli against Italy. Whereas epigenetics are not invoked in those judgments we consider relevant for our analysis as we defend that the superior interest of the child should be considered as regards the right to personal identity under the right to private life, as it is presently, but also linked to the right to health of children born through gestation by commercial surrogacy.

Keywords : best interest of the minor; commercial surrogacy arrangements; legal and ethical implications of epigenetics; theory of fair balance of interests at stake.

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