Sumary

In a post-modern scenario of growing infertility, those incapable of conceiving naturally turn to ART, in the hopes of starting the eagerly sought-for family. In this context, surrogacy is presented as a peculiar practice, generally deserving of a treatment disparate to the rest assisted reproductive techniques. This paper studies the position taken by those jurisdictions that do not accept surrogacy, and compares it to the positive treatment that other techniques receive from the same jurisdictions. In an attempt to understand this different approach, subsequently the mater semper certa est principle –inherited from Roman law- is addressed, since surrogacy deeply affects it. The paper finally questions the current validity of the maxim.

Key words

Surrogacy – surrogate motherhood – ART – Assisted reproduction technology - Assisted reproduction techniques – surrogate mother – gestational carrier - mater semper certa est