Spain needs to address the current legal vacuum around surrogacy. The case of the presenter Ana Obregón, who at age 68 has been a mother in this way in Miami (Florida), has stirred up a fundamental debate with broad moral and legal nuances that exceeds the most strident cases and that, above all, concerns an undeniable reality: it is estimated that a thousand children arrive in our country every year in these conditions. In front of the clandestine market that has flourished in several places of the mun

do, where they are offered

surrogacy

In subhuman conditions, it is possible to oppose a regulation that allows surrogacy under strict health and human rights guarantees, in order to avoid abuse and exploitation of surrogate mothers and preserve the welfare of minors.

According to a

recent Sigma Dos survey

for THE WORLD, the

58,3%

of Spaniards are in favor of legalizing surrogacy, compared to only one

28,4%

who disagrees. However, the abortion reform promoted by the Ministry of Equality qualifies this practice as "a serious form of reproductive violence". Yesterday the government came out publicly to reject it. The minister and spokesperson of the PSOE,

Pilar Alegría

, came to describe as "Dantesque" the image of Obregón at the exit of the hospital in a wheelchair, in a new episode of moral judgment on an individual by the Executive, unbecoming of a democratic society.

Many experts have analyzed this phenomenon. In Spain, the new

Code of Medical Ethics

of the Official Medical Associations introduces recommendations that distinguish between two types of surrogacy. On the one hand, the "altruistic" – a voluntary decision to help people in need; in many cases, infertile or LGBT-couples, who defend «

provided that the dignity of the woman and the best interests of the child are preserved

». And on the other, the one made with economic consideration, which in his opinion violates the dignity of women, and that can effectively generate more doubts. In this vein, the Charter of Fundamental Rights of the EU prohibits the use of the human body as an 'object of profit'.

Between persecution – advocated by the most conservative right and the most reactionary left – and an excessive relaxation that causes abuses or extreme cases,

a reasonable path can be observed in countries such as Canada or Australia

, which altruistic processes do allow. A regulation with clear restrictions such as the one proposed in its day Cs, to which yesterday the PP was receptive, would marry with the majority will of Spanish society and with the limits set by doctors.

Beyond the

Obregón case

, we are facing an opportunity to open

A serene debate

that puts order on an increasingly widespread practice in the world and that requires a legal framework with the maximum guarantees.