EIRP Proceedings, Vol 4 (2009)

Abstract

Substitute maternity consists in a woman carrying a pregnancy (the implant of an embryo), at the request of a sterile couple, most of the times in exchange of a sum of money, with her commitment to unconditionally give away the newborn after birth to the couple she concluded the agreement with. Many controversies emerged in what concerns the contract between the sterile couple and the carrying mother, especially when this contract is by onerous title, which happens in most of the cases. In that a civil contract? Is it a sales contract for the child? Is it a contract to provide services? Is it body marketing? Between total prohibition and excessive liberalism, the middle way, which is the regulation according to ethical religious, cultural and social norms of each community, represents a realistic solution.