Saisir les enjeux de la maternité de substitution sous le prisme de la théorie générale du contrat : quelles perspectives en France et au Québec ?

Surrogacy is a major challenge for the legislator, as it arouses passions of all kinds. In France as in Quebec, the very idea of a legal framework of this practice is far from consensual. This study offers a unique reflection on its complex issues in the light of the general theory of the contract. Through the lens of contract law principles, the idea is to question the rationality of the behavior of the 'agents' involved (surrogate and intended parents), in order to show that the legal and ethical dimensions are inseparable not only in the understanding but also in the necessary control of that practice