Resumen:
In the last years, the contractual transmission of filiation in countries in which commodifying the mother's womb is allowed has been the legal means deployed in order to circumvent the local prohibition of such practice. This behavior has found an indirect support by the Directorate General of Registers and Notaries-which has violated the current legal order, as interpreted by the Supreme Court-and, in a certain sense, even by the case law of the European Court of Human Rights. In this article, a critical exposition of the most relevant decisions regarding surrogacy is offered, together with a criticism of the rights discourse underlying the legitimation of this practice. The author emphasizes that there is an inescapable connection between the rights restrictions in order to preserve the public order and to promote the common good, on the one hand, and the human rights protection of society, on the other.
