Peru’s Legislative Process on Surrogacy Law Halted

In Peru, on October 15th, the Justice Commission of Congress rejected a proposed law that aimed to legalize surrogacy, which is part of a broader initiative called the “law on access to human reproduction techniques.”

This proposal was introduced by representatives from various political parties, including Podemos Peru (center-right), Peru Libre (left), and Acción Popular (liberal). The supporters of the law argued that it was meant to help people struggling with infertility.

The law included provisions for free, anonymous, and confidential donation of gametes (sperm and eggs) and embryos. It would allow surrogacy based on prior consent and introduce the idea of “intended parents.” If this law were passed, children born from donated gametes or through surrogacy would not have any mention of their biological origins on their birth certificates.

However, these reproductive techniques would only be available to those who had already tried unsuccessfully to conceive. It remains unclear how the truthfulness of these claims would be verified.

Deputy Kelly Portalatino from Peru Libre, who supported the proposal, argued that “fertility should not be a privilege or a luxury.” On the other hand, conservative liberal Alejandro Muñante from Renovación Popular countered that surrogacy “tries to legitimize the objectification of women and the commercialization of children.” His colleague, Milagros Jáuregui de Aguayo, claimed that legalizing surrogacy would violate the “right of the unborn child,” which is protected by the Peruvian Constitution and Law 39.135.

The legislative discussions about this proposal have been paused until further notice.

This article has been translated and simplified by artificial intelligence from a French article “Au Pérou, interruption du processus législatif autour d’une loi autorisant la GPA”
It may therefore contain errors. The French version is the reference version.
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