Objectives:
Surrogacy is a very complex issue today, and contrary to what can be believed, and despite the new techniques of human reproduction, gestational surrogacy is not an exclusive practice of the 21st century and Roman law already provides us with a series of sources on the use of this practice among the Roman aristocracy. In this work some of these examples are brought up, showing the reason why this practice was carried out in a patriarchal society, which used women for reproductive purposes in the interest not only of the family but also of society itself. Today, surrogacy it’s like in Roman society? This makes us wonder if, nowadays, the use of this practice also responds to social interests, in which women are the object of commodification, perhaps more characteristic of a patriarchal society.

Material and methods:
Analysis of Roman literary sources

Results:
we wonder if the practice of surrogate motherhood means a return to a patriarchal society.

Conclusions:
In this work we make a status quaestionis on which we intend to work in the future