Resumen:
The celebration abroad of gestational surrogacy agreements and the attempt to register the filiation derived from such contracts raises a conflict between the expectations of the intended parents and the desire of the State to preserve its own legal system. In these cases it has been wanted to see an inevitable confrontation between public-policy rules and the child's best interest, as antagonistic concepts, and the assignment of paternity and motherhood has been proposed based on a certain vision of the child's interest, which would lead to the in application the own rules on determination of filiation. The article examines the relationship between both concepts and argues that the best interest of the child is part of public-policy and that its defense involves respect for the fundamental rights of the child, which is achieved mainly through the correct application of the rules on determination of filiation and adoption.
