At the request of Right, the surrogacy turns out to be the substitution in an obligation, whether of an individual or of one thing, for another or another, as appropriate. Meanwhile, the action of subrogation may materialize in either of the two positions that admits an obligation: creditor or debtor.
So we can meet the subrogation in creditor position, can be the same inter alive, such as the purchase, sale or donation, or failing that, by mortis causa, that is, by inheritance; an individual assumes the position of creditor before a debt. And on the other hand, the subrogation in debtor positionIn this case, since the debtor is the one obliged to satisfy the compliance in question, the authorization of the creditor is required, because it may happen that the new debtor is not solvent or is not properly qualified to take charge of the debt. The authorization will not be necessary if the reason for the subrogation is the death of the debtor.
Another recurring case that the law admits is that an individual is subrogated to a contractTherefore, in this case, it assumes both positions at the same time: creditor and debtor.
Meanwhile, another area in which the term has become common is in the field of human fertilityAs a consequence, the legal action of surrogacy has become one of the possibilities that infertile couples can find to conceive a child through the figure of the surrogate mother or surrogate mother.
The surrogate mother will be the woman who conceives through an assisted fertilization treatment and then carries the child of another woman, who will be the legal mother of that child once born.
Based on a contract, the surrogate mother agrees to deliver the child she conceives, as soon as it is born, to a couple who are unable to conceive. This type of surrogacy is a relatively new practice, not allowed in all countries, but has been spreading throughout the world.
It should be noted that its high cost makes it a plausible option for those couples who have relevant financial means.
