Surrogacy, Is it the current oxymoron of free bellies?

Abstract

This paper reviews a favorable position to surrogacy, similar to the one formulated to endorse the nineteenth–century legislation on freedom of the wombs of slave women. To this end, this paper analyzes the facts of a judicial case; a brief characterization of slavery and the measures that resolved its abolition. It delves into the solemn declaration of freedom of the bellies, the interests that it protected and the criteria that founded it. And, furthermore, this essay studies the reproductive practice, the Latin American social context, the lack of autonomy of the pregnant woman, and her connection with the trafficking of children. On these bases, it is concluded that the defense based on women`s freedom to gestate for others is an oxymoron to guarantee the stability of the surrogacy contracts and the abusive situations associated with them.