The dilemma of the surrogacy contract in the face of the legislative omission of the Colombian state
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Abstract
Surrogacy poses a significant legal challenge in Colombia, given the absence of specific regulations guaranteeing the protection of the rights of those involved in this type of contract. Although voluntary autonomy has been the main basis for its execution, the legislative omission of the State has created a regulatory vacuum that exposes the pregnant woman and the unborn child to potential violations of fundamental rights. This paper examines the constitutional tensions that arise from this omission, analyzing the conflict between contractual freedom and the need to guarantee principles such as human dignity, equality, and legal security. From an interpretive paradigm, with a qualitative approach and a legal hermeneutic method, the paper reflects on the urgent need for regulatory intervention that clearly and fairly regulates surrogacy within the framework of the Social State of Law, protecting the rights of all parties involved.