Strategies for resolving the problem of legal parentage in surrogacy

Abstract

The failure to regulate the filiation of the minor who would be a new living being resulting from surrogate motherhood has been little discussed. This article proposes ways to solve this problem by recognising that adoption and surrogacy are institutions that have common principles, as both are based on the current concept of the family, which in turn is based on the socio-affective principle. Thus, legal operators will have to act in accordance with the already established rules to create a procedure involving the perpetrators, so that at the end of the procedure it is legally established who are the legal parents of the minor according to their capacities and potential affection. The procedures already executed in Peru may be given through ipso facto acceptance and court decisions.