FROM THE FEMINIST DEBATE ON SURROGATE MOTHERHOOD TOWARDS A WOMEN’S HUMAN RIGHTS PERSPECTIVE

This work of thesis is born from a fruitful starting point for a conversation: is surrogate motherhood a real choice? Are surrogate women correctly protected? Is there an ideal policy model in which surrogate motherhood are protected as best as possible? And if there is not, what could be the model that best guarantees the protection of surrogate women? My work will try to answer these questions. At the end of my work, I will try to answer the initial questions and see if a model where today's surrogate women are best protected through a regulated, non-prohibitionist system is indeed possible. In fact, I am of the view shared by many researchers that prohibition exists only if it is supported by punishment for the law not being observed, and that prohibition, as well as an unregulated system with a legal vacuum on the matter, can incentivize the black market and bring more human rights violations.