Blog
We strive to keep you up to date with the main news and developments on topics such as civil, family, or healthcare law, as well as surrogacy.
COMMENTARY ON THE SUPREME COURT RULING DATED DECEMBER 4, 2024
On December 4, 2024, the Civil Chamber of the Spanish Supreme Court issued a new ruling on surrogacy that generated numerous headlines in the media. Beatriz Huerga has reviewed the judgment, and it does not provide any new information regarding the Supreme Court’s already well-known position, which remains firmly opposed to surrogacy. In fact, the decision is based on previous Supreme Court rulings and follows a similar line of reasoning.
NEW INSTRUCTION IN SPAIN FOR REGISTERING BABIES BORN THROUGH SURROGACY
On April 28, 2025, the Directorate-General for Legal Security and Public Faith issued a new Instruction that has completely changed the way Spain allows the registration of children born abroad through surrogacy. The new regulation came into force on May 1, 2025, and since then, the procedures we previously relied on are no longer applicable. What has changed? Until now, many Spanish families were able to register their children born
SURROGACY, ANA OBREGÓN’S DAUGHTER
Throughout the morning we have received numerous calls from different media to be part of today’s discussions on surrogacy in relation to the recent maternity of Ana Obregón. At Huerga-Abogados we defend this technique of assisted reproduction to the hilt and consider it necessary for all the families we work with in our office. However, we totally disapprove that the way to open debate on surrogacy (misnamed “surrogacy”), is from
OPERATION OF SURROGACY INSURANCE IN THE U.S.
The insurance industry in the United States is as complex as it gets in relation to the process, as it is a far cry from what we are used to seeing in Europe.With respect to surrogates, there are different options that we can find: 1. That the surrogate mother has an insurance that covers medical expenses related to a surrogacy process: This insurance may be through her employer, her partner’s
LEGAL SITUATION REGISTRATION OF ANA OBREGON’S DAUGHTER
Children born after a surrogacy process in the United States are registered in the Spanish Civil Registry following the guidelines contained in the Instruction of October 5, 2010, of the General Directorate of Registries and Notaries. In this Instruction, in a simplified manner, it is indicated that, when the children are born in a country where a judgment issued by a competent Court is obtained and, the judicial procedure could
HOW THE CHANGES IN THE ABORTION LAW AFFECT SURROGACY
It has been known for some months now that the so-called “Abortion Law” (Organic Law 2/2010, of March 3, on sexual and reproductive health and the voluntary interruption of pregnancy) is undergoing certain modifications. This is not surprising, since part of the current Government had proposals in this regard in their electoral programs and, almost coinciding with the upcoming elections, they have proposed to fulfill their political promises that, mainly,
SURROGACY IN UKRAINE
Ukraine is a country with its own legislation on surrogacy for married heterosexual couples, and with successful fertility clinics. For this reason, it was configured as the main country in the European continent in receiving families to carry out surrogacy processes. Since the beginning of the war in the country, many families have been caught in the middle of the conflict with their pregnancies in progress, and dozens of Spanish
IS SURROGACY IN CANADA FREE OF CHARGE?
Canada is one of the most demanded countries for surrogacy procedures. However, due to the growing demand, it is a country where waiting times are usually quite long. In spite of this, the way surrogacy is set up makes it very attractive for many families. Surrogacy in Canada is regulated in its Assisted Human Reproduction Act and specifically states that it is illegal to pay a woman who chooses to
Divorce after a surrogacy process
Divorce after a surrogacy process, can my husband/wife keep my child? Divorces after a surrogacy process can be, without a doubt, controversial. There are many fears on the part of the parents about how custody is resolved when the children are born through surrogacy, especially after highly publicized cases such as that of Miguel Bosé and Nacho Palau. The truth is that the answer to the question will vary depending
WHAT ARE CROSS BORDER SURROGACY PROCEDURES?
There are many countries where it is possible to carry out surrogacy processes, and we must go to one or the other depending on the type of family. However, in certain cases, combined programs are carried out where the IVF treatment is performed in one country and the gestation and birth in another country. These cases may be due to different causes: Better success rates or reliability of assisted reproduction
In a surrogacy process, can the surrogate mother keep my baby?
One of the first questions that clients usually ask before starting a surrogacy process is whether the surrogate can refuse to give the baby to the commissioning parents. This question arises from the great misinformation that exists on the subject and the erroneous belief that surrogates are mothers who give up their children. The truth is that only a woman who has previously been a mother can participate in another
SURROGACY IN SPAIN 2023
What is the situation of surrogacy in Spain in 2022 and forecasts for 2023? In Spain there is no specific regulation regarding surrogacy. The only reference we find about it is in Law 14/2006, of May 26, on assisted human reproduction techniques. Specifically, its article 10 states: The contract by which the gestation is agreed, with or without price, at the expense of a woman who renounces maternal filiation in
