La doble maternidad en mujeres no casadas: situación en España y referencia al derecho comparado

Resumo

The purpose of this study is the possibility of setting dual maternity in the case of unmarried female couples, when one of the women uses assisted reproduction techniques. As this circumstance is not regulated in the legislation, the Supreme Court applies the Civil Code and allows the judicial determination of maternity as if it were natural parenthood. This seems to be the wrong solution, as the principles governing the determination of natural parenthood and parenthood through assisted reproduction are different. The Law on assisted reproduction techniques should be modified, as it is discriminatory if it only allows dual maternity is case of married female couple. To address this reform, it is useful to consider how the issue is regulated in comparative law.