May 22, 2022 7:22 am

mother and grandmother

A 25-year-old woman, married, affected by the syndrome of Rokitansky, which translates as the absence of a uterus among other characteristics, was therefore unable to gestate and fulfill her desire to be a biological mother. That longing was shared by the husband, since both made their procreational will explicit.

The young woman’s mother, 50 years old at the time, offered to lend her womb to implant the couple’s embryo, fertilized in vitro, until giving birth to the baby. Once the birth has taken place, the hitherto conceived but not born –to be born, as defined by constitutional law – would become his grandson.

Both parents and the surrogate mother appeared before a family judge of Rosario, the couple expressing their desire to be parents and the mother confirming the offer of her womb in surrogacy so that her daughter could fulfill her desire to have a baby. A true act of love.

The judicial authorization, which was correctly granted, was imposed, because although our law respects the procreational will of the genetic parents of the embryo, it also establishes that the woman who gives birth is the mother of the baby. The three parties involved in the gestation by surrogacy expressed before the judicial authority, in a free and informed manner, their willingness to access maternity by this means and their consent for the unborn child to be registered as belonging to the pair of genetic parents. .

This was decided by the court, which additionally ordered the obligation for the parents to inform the child about its gestational origin when it acquires sufficient age and degree of maturity.

The special nature of the case means that the judicial decision is considered a success, in the absence of the obstacles that would justify being extremely cautious in this matter if instead of an act of love between family members, a spurious negotiation or simple child trafficking were proposed.

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