The double maternal filiation: from the impossibility to the presumption of maternity

Abstract

The technical deficiencies of article 7.3 of Law 14/2006, on techniques of assisted human reproduction, which entitles the wife of the pregnant mother to consent that the filiation of her spouse's son is attributed to her, have aroused many conflicts in the scope of our courts. The aim of this paper is to expose the legislative and case law evolution of this rule, reviewing the resolutions in the issue, in order to update briefly the state of the matter and propose the legal reforms that we believe necessary to solve the problems more adequately, in accordance with the principle of equality and non-discrimination.