Est-ce qu’une femme peut disposer de l’enfant auquel elle donne la vie ? Une approche éthique de la maternité de substitution
Can a woman have the child she gives life to? An ethical approach to surrogacy

Summary/Abstract: The practice of surrogacy motherhood has been developing for several decades. To describe and analyze it, several aspects are considered: the motivation and remuneration of the surrogate mother; the origin of the genetic material used; its regulation or prohibition. However, whatever the distinctions induced by the consideration of these aspects, surrogate motherhood is possible on one condition only, namely if and only if a woman can dispose of the child to which she gives birth. The Law questions this condition, especially when it is formulated in terms of human rights. Between the spirit of the international conventions that promote these rights, and the national legislations that are supposed to respect them, there is nevertheless an important gap, and the effectiveness of the Law as a tool proves to be insufficient. Thus, to question this primordial condition, to know if a woman can dispose of the child to which she gives life, feminist ethics is the one that can provide an effective framework. More precisely, an ethic nourished by consideration (C. Pelluchon) and by the principle of Convenio (which can suit all members of a community, including the most deprived) (M. Miroiu).

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