Surrogacy in Panama: legal foundations and guidelines for legislation that guarantees rights

Surrogacy, as an assisted reproductive technology, has generated significant legal, ethical, and social debates internationally. In Panama, the lack of specific legislation has led to this practice operating clandestinely, with serious consequences for the legal security of the parties involved and the best interests of the child. This essay analyzes the legal conceptualization of surrogacy, its implications in the Panamanian context, and the regulatory models adopted in comparative law. Three predominant normative approaches are identified: absolute prohibition, altruistic regulation, and broad regulation for commercial purposes. Based on this analysis, guidelines are proposed for future Panamanian legislation that limits the practice to its gestational and altruistic form, establishes prior judicial oversight, guarantees automatic parentage in favor of the intended parents, and prohibits unauthorized commercial intermediation. It is concluded that regulating this practice does not imply promoting it, but rather recognizing its existence and ensuring the legal and ethical protection of all parties involved