¿Mater Semper certa est?. La maternidad subrogada como situación generadora de derechos laboralesPauta de urgencia para la solución de un intrincado litigio

Résumé

The present essay has its origin in the approach of Appeal as opposed to the denial of the rights of Social Security linked with the maternity/paternity license as the consequence of a contract of subrogated maternity. The study of such a problem is considered from the different views of the father and the mother but previously offering an examination of the general questions that determine the position concerning labour rights. In this way are presented the possible cases, the national and foreign regulation of substitute maternity – with specific mention of the Californian regulation – the position of the Supreme Court – employing mandatory rules as a break to the pretensions derived from the contract of subrogated maternity – and of the Registration Office and Public Notary General Manager, offering solutions of general and specific scope for the labour rights compatible with our legal system.