The surrogacy case of Ana Obregón has brought to the forefront the need to re-examine the ethical and legal parameters from which to address the problems resulting from the disparity of solutions contained in the various legal systems. In this session we will address the possible responses to this phenomenon, which is becoming more and more frequent in the globalized world in which we live, from the perspective of the family and also from that of the protection of minors.
On the other hand, taking into account the evolution of the social reality towards new family models, especially since the regulation of homosexual marriage, in this last session we will take as a starting point a fictitious assumption of illicit transfer (intra-European and extra-EU) of two minors born in Spain in the bosom of a homoparental family. In this way, the approach to the subject will be twofold: on the one hand, we will proceed to analyze the possibility of recognition of double maternity based on assisted reproduction techniques in Spain and in a third country, and on the other hand, in relation to the abduction itself, we will proceed to explore the means of action made available by the Community instruments as well as by the 1980 Hague Convention to guarantee the return of the minors to their habitual place of residence. In this way, we will check how these interact with the domestic law of the countries involved, in order to achieve a better understanding of this phenomenon that affects more and more families in Europe and in the world, with special attention to cases of gender violence, the child's right to be heard and the interference of the Committee on the Child in this matter.