Acta Universitatis Danubius. Juridica, Vol 2, No 1 (2006)

Abstract

The maternity substitution was created as an unnatural means to allow a woman to become a parent, being nothing else but a technical procreation medically assisted, that involves the participation of three subjects: the husband and the wife wanting to become parents and the woman who agrees to bear the child and to give birth to it, for that couple. In legal terms, the legal parentage or filiation of the child so conceived is established, regardless the genetic material that was the basis of conception, to the woman who carried the child and gave birth to it, legal importance having the fact of birth. We consider that, by lex lata (law as it is) any convention, whose object is to establish the maternity of the child to a woman other than the one that gave birth to it, is absolutely null and void.