Legal Certainty and Bioethics Regarding Artificial Insemination and Surrogacy: A Comparative Review
Published 2025-11-15
Keywords
- gestation, bioethics, artificial insemination, genetics, human rights, Scoping review.
This work is licensed under a Creative Commons Attribution 4.0 International License.
Abstract
Background: Legal security and bioethics are relevant frameworks of comparative legal analysis for determining maternal-biological affiliation from the perspective of artificial insemination and surrogacy within the epistemological context of the right to identity in the contemporary legal world, especially given scientific advances in genetics and the new concept of the reproductive revolution.
Objective: The objective was to analyze the legal patterns of security and bioethics from the perspective of artificial insemination and surrogacy within the context of comparative law.
Method: The methodology used was a scoping review based on a synthesis of the exploratory review, using a qualitative approach and a basic hybrid (inductive-deductive) method.
Results: The results obtained show a high rate of families who need to legalize surrogacy for strictly reproductive health reasons and are unable to procreate thereby hindering their inherent right to form a family. Among other things, there are diverse regulations in comparative law that require a structured approach based on legal certainty and bioethics, both for the exercise of reproductive rights to motherhood, resorting to infertility treatment as an inherent right, within the framework of human rights as protection of the child's right to identity.
Conclusion: It is concluded that some countries, specifically Peru, lack updated regulations on bioethics and safety in assisted reproduction, including surrogacy. This requires regulations consistent with scientific advances in genetics, reproduction, and the best interests of the child.