Mater Semper Certa Est? Human Rights Violations in Surrogacy Arrangements

Surrogacy is a complex and controversial practice that has sparked widespread debate across a broad ideological spectrum. Proponents argue that surrogacy can fulfill the desires of individuals and couples seeking parenthood while affirming the contractual autonomy of the surrogate mother. In contrast, detractors raise significant ethical, legal, and human rights objections. This article critically examines the primary arguments from both perspectives, with particular emphasis on the ancient legal principle mater semper certa est within the context of modern surrogacy arrangements. The analysis reveals that surrogacy not only undermines the principles governing parenthood, particularly maternal identity, but also raises serious physical, psychological, and legal risks to both the surrogate mother and the child. Additionally, surrogacy involves the commercialization of the mother’s body and the commodification of the child. These risks, coupled with contractual conditions that are often detrimental to the welfare of the surrogate mother, render the practice fundamentally at odds with human rights principles. Ultimately, the article argues that these risks and harms are too significant to overlook and that, rather than empowering women, surrogacy exploits their vulnerability, thereby undermining women’s rights and dignity.