Frequently Asked Questions (FAQs)
Common Questions About Surrogacy
What is surrogacy or gestational substitution?
It is an assisted reproduction technique in which a woman freely and voluntarily uses her reproductive capacity to help another family have children, which they would not be able to do without her assistance and mediation.
What is altruistic surrogacy?
It is an assisted reproduction technique in which a woman freely and voluntarily uses her reproductive capacity without receiving any financial compensation, with the purpose of helping another family have children, which they would not be able to do without her assistance and mediation. Canada is the leading country for altruistic surrogacy.
What is traditional surrogacy?
It is an assisted reproduction process in which the gestational woman provides her own genetic material. However, this type of surrogacy is uncommon, as it is more usual to use gametes from a donor or from the intended parents.
What are “rental wombs” ?
It is an incorrect way to refer to surrogacy or gestational substitution, usually used by those who disagree with this assisted reproduction technique. This term undermines the dignity of women who freely choose to help other families, as well as the children born through this technique and their families.
Is surrogacy legal in Spain?
Article 10 of the Assisted Human Reproduction Law states that any surrogacy contract will be null and void. However, surrogacy procedures can be carried out in other countries where the legislation allows it, provided that certain legal requirements are met.
Is the surrogate the mother of the newborn?
No. If the process is carried out in countries with full legal guarantees, the intended parents will be the parents of the newborn, even from before birth.
Where is it legal to carry out a surrogacy process?
There are numerous countries where this technique can be pursued. From the perspective of Spain, the most legally secure options are the United States and Canada. However, countries such as Ukraine, Argentina, Mexico, and Colombia, among others, are common destinations where surrogacy processes are carried out.
Is it necessary to demonstrate a health problem to resort to surrogacy?
As a general rule, yes. This requirement may involve an inability to gestate due to physical limitations, age, or the impossibility of having offspring due to sex (in the case of same-sex couples).
Will I have to adopt my baby born through surrogacy?
It depends on the country where the process takes place. As a general rule, if the process is carried out in a country where a parentage order is not issued, it will be necessary to complete the relevant legal procedure in Spain.
What is a parentage order?
It is a judicial decision in which a judge determines who the parents of a child are. In the United States, these orders can be issued both before and after birth, with both having the same validity. In Canada, parentage orders are issued only after birth. In Spain, parentage orders are necessary when surrogacy processes are carried out in countries where no parentage order is issued or where it is not accepted by the Spanish authorities.
How long does it take to have my child legally recognized in Spain?
The answer to this question depends entirely on the country where the process takes place. However, it is important to have legal advice from the beginning in order to properly plan the timeline for the recognition of parentage.
Is surrogacy safe in Ukraine?
The Family Code of Ukraine recognizes surrogacy as a way to form a family. However, this technique is only accessible to married heterosexual couples who have difficulty conceiving.
Can the surrogate back out?
It is worth noting, first of all, that any surrogate anywhere in the world has previously been a mother and has her own children, which means she is familiar with the process after birth and the emotional ups and downs it may involve. Throughout the process, surrogates must provide consents and approvals to confirm that they agree with the project they have undertaken with another family, and in certain jurisdictions, they have a period after birth to give their approval regarding the parentage of the newborn.
Surrogates carry out the process freely and voluntarily and provide consent up to the limits they wish and that the law allows. If the process is carried out in a country with full legal guarantees, all relevant medical and legal checks will be performed to ensure the highest legal security for all parties, preventing changes of mind.
Do I have the right to maternity or paternity leave in cases of surrogacy?
The general answer is yes; it is a right granted by Social Security. However, depending on the country where the process takes place, it may be a more or less complex procedure, and in certain cases, it may be necessary to go through the judicial process.
Which is the ideal country for a surrogacy process?
Due to the legal security it offers and its years of experience in the field, the United States (although not in all its states) is currently considered the safest country to carry out a surrogacy process. However, depending on the characteristics of each case, other countries with solid surrogacy legislation may also be considered.
Can same-sex couples have a child through surrogacy?
Yes. In fact, for men, it is the only way to have a child with their own genetic material. At our firm, we strongly believe that this reality should be recognized and accepted in order to provide the gay community with the same opportunities as heterosexual couples.
How long does a surrogacy process take?
We can say that a straightforward process may take around 18 months until returning home with the newborn. However, depending on the destination country, legal procedures may extend the timeline, as well as any medical complications that may arise during the process. Biological factors also play an important role in the duration of the process.
Where should one start a surrogacy process?
Based on our experience, and since the most important aspects are respecting the rights of families and surrogates, as well as the legal recognition of the children, the most appropriate option is to start the process with proper legal advice. Afterwards, we will need to work with agencies, clinics, insurers, etc., but always starting from the correct legal approach.
If you are interested in starting a family through surrogacy, we can advise you and handle all the procedures: from choosing the destination country to the complete legal registration of the newborn in Spain.
DO YOU NEED HELP?
If you have encountered any issues in your process—whether problems with insurance, medical matters, or clinics that you believe are not fulfilling what was agreed—you can contact us so we can assess the situation and determine whether a claim is necessary, or explore what alternatives you have to move forward with your case.
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