This April 5 has been a historic day for the gossip magazines with the publication in the magazine ¡Hola! of the first pose of Ana Obregón with her biological granddaughter and her legal daughter, in addition to the pertinent interview after the surrogacy process and, for its part, the controversial cover of Lecturas magazine in which the surrogate mother of Aless Lequio’s daughter and details of her private life are leaked.
One of the questions that have arisen in the last few hours as a result of this last cover is whether this publication of Lecturas is framed within the law, or the magazine could be exposed to a million-dollar lawsuit or complaint by Ana Obregón herself. or the pregnant mother.
And the answer to this has several conditions, although the presenter and actress would be left out of the equation. The context is important and it must be taken into account that surrogacy has been carried out in the United States where the practice is legalized.
In the event that this debate had taken place in our country, it would have little progress since in Spain this reproduction technique is prohibited, so the fact of having committed the crime would point to both the person who made the order and the surrogate mother. – would be above the defense of privacy. Neither the surrogate mother nor Ana Obregón would have anything to do with this cover if they had carried out the process in Spain.
The process has taken place in the state of Florida, so the matter has to be framed within the legislation of the area. As the practice of assisted reproduction is legal, if the managing mother wanted to make herself known or sell an exclusive in a consensual manner, she would not have any type of legal obstacle with the magazine, although what would have to be resolved is whether in the contract with the who will be the legal mother, there is a confidentiality clause in the event that this leak occurs.
In other words: the key to everything lies in knowing if the exclusive published by Lecturas with photos of the pregnant mother is without the consent of the woman, or the protagonist herself has agreed to do this report in exchange for a financial amount, for what the magazine knows what it is doing when it publishes this cover that, and that despite the fact that the ethical and moral debate is the same, it would not have any kind of legal route.
In the event that this is not the case and the surrogate mother has been the victim of an invasion of privacy, she would be the only victim who could sue the Spanish magazine, not Ana Obregón. The actress and presenter could only sue the surrogate mother in the event that she herself had been the one who has volunteered to do this report and there is in her contract that confidentiality clause to which we referred, but she could not do anything against Magazine.
Lecturas magazine has done a photographic follow-up of the woman, of Cuban origin, and provides information about her private life, which raises the shadow of a doubt as to what the real link between the surrogate mother and the publication has been, but right now this is part of the terrain of speculation. What seems clear is that Ana Obregón – in the absence of knowing the gestation contract in more depth – can hardly take any legal action against the magazine, as many are suing her on social networks where the debate has been opened.
