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.
The case concerns a couple who pursued a surrogacy process in Texas, United States, and sought recognition of their children’s parentage in Spain through an exequatur of the U.S. court order—a procedure that is not appropriate for this purpose. The case reached the Supreme Court, which issued a decision consistent with prior rulings, something predictable given that the legal strategy used was not the correct one from the outset.
From our perspective, the legal approach in this case was inadequately designed, and we trust that it will not have negative consequences for other similar cases. However, to assess the real impact of this ruling, it will be necessary to wait several months. It is worth noting that there are previous Supreme Court decisions with similar positions that have not prevented the registration of children born through surrogacy.
Nevertheless, if this decision influences certain Consulates, it could lead to changes in the criteria they apply when registering minors. For now, we believe it is prudent to wait and see whether there is any reaction from the Consulates involved in the United States.
