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Resolution by the Constitutional Court on surrogacy procedures in Guatemala

Constitutional lawyer Luis Melgar​

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Video translation:

He will read a ruling from the constitutional court related to a case of surrogacy or womb rental, which is a process whereby a woman carries a pregnancy that does not belong to her, or at least not entirely. There are two types: she can provide the egg or only the womb, and the egg and sperm belong to third parties. Through the process of in vitro fertilization, the egg is fertilized and placed in the woman, who carries the pregnancy in her womb for the corresponding time, and the child is then handed over to the owners of the egg and sperm. 

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GUATEMALA SURROGACY PROCESS IS A REAL PRIVATE PROCEDURE.

According to Guatemala's Constitutional Court, the highest court in terms of protecting the rights and obligations of Guatemalans, surrogacy IS NOT PROHIBITED IN THE COUNTRY FOR FOREIGNERS, and there is case law allowing it to be carried out. It is therefore a private matter between individuals who wish to do so in the country, provided that it is not prohibited in their country of origin.
This is why the process is secure and fast, complying with Guatemala's civil requirements and the immigration regulations of the parents' countries of origin. Perfect examples of this are the United States of America, Israel, and Sweden, among others. Check our website americanmiraclesagency.org 

Key Points on Ruling 4241-2022 (CC):
Date: April 20, 2023.
Type: Single-instance amparo.
Context:
Although it does not explicitly prohibit surrogacy, the Court has pointed out the need for comprehensive regulation that protects the rights of all parties, including the surrogate mother and the child, and has established limits based on the understanding that there is no absolute right to surrogacy, but rather that it must be carried out under a legal framework that prevents exploitation and trafficking.
Legal Doctrine: Rulings such as this one, when repeated with the same criteria (three uninterrupted rulings), form binding legal doctrine for Guatemalan courts, as indicated by the Amparo Law. 
In Summary:
Ruling 4241-2022 is an important precedent in which the CC rules on surrogacy, setting a crucial precedent in Guatemala by emphasizing the need for a protective legal framework to prevent abuse, in the absence of a specific law that fully regulates these procedures.

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