Resumen

CORDOVA MORILLO, Gustavo Carlos. Surrogacy and unequal treatment based on sexual orientation: regulatory challenges in the Peruvian family. Revista InveCom [online]. 2026, vol.6, n.1, e601113.  Epub 15-Jul-2025. ISSN 2739-0063.  https://doi.org/10.5281/zenodo.15675202.

Surrogacy and discrimination based on sexual orientation pose significant regulatory challenges for Peruvian family law. Despite scientific advances and sociocultural changes that promote new family forms, the national legal system lacks specific regulations on surrogacy, which creates legal gaps, legal uncertainty, and unequal access to reproductive rights. In this context, the objective of this research was to analyze the constitutional and legal challenges facing Peru regarding surrogacy and the unequal treatment of LGBTQ+ people in the exercise of their family rights. To this end, a qualitative methodology was employed, with an interpretive approach and documentary design, based on the analysis of legislation, jurisprudence, doctrine, and international treaties. The results reveal a lack of regulations on parentage in surrogacy cases, limitations in health legislation, and barriers to access to assisted reproduction for same-sex couples, which demonstrate structural discrimination. It is concluded that it is urgent to implement a comprehensive legal framework that regulates surrogacy, guarantees equality before the law, and protects fundamental rights, particularly the best interests of the child, reproductive autonomy, and family diversity.

Palabras clave : family law; surrogacy; sexual discrimination.

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