La Maternidad subrogada: una mirada doctrinaria desde el Deber Ser kantiano.

The argument is made in favor of surrogacy as a decision of the inherent moral sense of the mother-child condition and not as a result of the consequent legal debates. To this end, We raised four arguments to demonstrate its legal accessory nature: a) Technical viability of assisted human reproduction as long as its effectiveness is demonstrated and the health of the parties is not violated, b) The presence of a contract between natural persons and full use of their capacities, c) The relevance of the socioeconomic vulnerability factor only as a context of risk, and not affecting the legitimacy per se of the procedure, and d) The fact that other legal-political consequences (inheritances, citizenships, etc.) can be managed through consensus and legislative tools. We concluded that surrogacy is subject to the categorical imperatives of the Kantian Must and the sense of immanence in the parties, and that, therefore, the debate on its legality must be excluded from the official space, except for the regulation of its contexts and consequences. We recommend the need to re-position the debate in the immanence of the must. [ABSTRACT FROM AUTHOR]