In disputes over the
recognition of the parents in surrogate mother cases the
interests of the child should be paramount, the Constitutional
Court said Monday.
The court said courts should consider "the mode of
conception" and the "possibility for the social parent to
establish, via adoption in particular cases, a juridical tie
that guarantees adequate safeguards for the minor".
The top court said it was essential to evaluate,
"comparatively", between the interests of truth and the
interests of the minor.
It said there were some cases in which the law itself made
such evaluations and others where "the legislator imposes the
essential recognition of the truth.
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