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Abstract
This paper addresses the issue of dissociated maternity derived from either the donation of an ovule or the assumption of surrogate motherhood in its strict sense and its particularities in the face of the maternity that brings together the contributing and the gestating individual in one woman only. In this context, the article’s first part contrasts the biological processes with the voluntary acts as decisive components of the establishment of motherhood in its dissociation hypothesis, and a parallelism between dissociated motherhood and fatherhood, in light of the equality principle, is presented. In the second part, the analysis focuses on Articles 182, 183, and 217 of the Penal Code in order to put forth various interpretations that have emerged not only from the determination of maternity but also from the objection to it, especially in cases where it has been dissociated.