Frequently Asked Questions
COMMON DOUBTS ABOUT SURROGACY
What is surrogacy or gestational surrogacy?
It is an assisted reproduction technique in which a woman freely and voluntarily decides to use her reproductive capacity in order to help another family to have children, who would not be able to do so without her help and mediation.
What is altruistic surrogacy?
It is an assisted reproduction technique where a woman decides freely, voluntarily and without financial compensation to use her reproductive capacity in order to help another family to have children, who would not be able to do so without her help and mediation. Canada is the leading country in altruistic surrogacy.
What is traditional surrogacy?
It is the process of assisted reproduction in which the pregnant woman contributes her genetic load. However, this type of gestational surrogacy is not common, and the most common is the use of donor gametes or gametes from the commissioning couple.
What are surrogacy services?
It is an incorrect name for surrogacy or gestational surrogacy, usually used by those who do not agree with this technique of assisted reproduction. 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 shall be null and void. However, surrogacy processes can be carried out in other countries where their legislation allows it, provided that certain legal requirements are met.
Is the pregnant woman the mother of the newborn?
No. If the process is carried out in countries with all legal guarantees, the parents of the newborn will be the intended parents, even before birth.
Where is it legal to carry out a surrogacy process?
There are many countries in which this technique can be used. From the point of view of Spain, the United States and Canada are the most legally secure. However, countries such as Ukraine, Argentina, Mexico or Colombia, among others, are common destinations where surrogacy processes are carried out.
Is it necessary to prove a health problem in order to resort to surrogacy?
As a general rule, yes. This requirement may be the impossibility to gestate due to physical limitations, age or impossibility to have offspring due to sex (in the case of homosexual couples).
Will I have to adopt my surrogate baby?
It depends on the country in which the process takes place. As a general rule, if the process is carried out in a country where a filiation judgment is not issued, it will be necessary to carry out the relevant legal procedure in Spain.
What is a judgment of filiation?
It is a court decision in which a judge determines who the parents of a child are. In the United States these sentences can be pre- and post-birth, both having the same validity. In Canada, parentage judgments are made only after birth. With respect to Spain, filiation judgments are necessary when surrogacy processes are carried out in countries where a filiation judgment is not issued or is not acceptable to the Spanish authorities.
How long does it take to have my child recognized in Spain?
The answer to this question depends entirely on the country in which the process takes place. However, it is important to have legal advice from the beginning in order to be able to schedule the timing of the recognition of filiation correctly.
Is surrogacy safe in Ukraine?
The Family Code of Ukraine recognizes surrogacy as a way to create a family. However, this technique is only accessible to married heterosexual couples with problems conceiving.
Can the pregnant woman back out?
First of all, any pregnant woman anywhere in the world has been a mother before and has children of her own, which means that she knows the process after birth and the emotional ups and downs that it can involve. Throughout the entire process, pregnant women must give consent and assent to confirm that they agree with the project they have undertaken with another family and, in certain jurisdictions, they have a period of time after birth to give their assent regarding the filiation of the newborn.
The pregnant women carry out the processes freely and voluntarily and consent to the limits that they wish and that the law allows them. If the process is carried out in a country with all the guarantees, all the pertinent medical and legal controls will be carried out so that there is the greatest legal security for all parties, avoiding changes of opinion.
Am I entitled 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 is carried out, it may be a more or less complex procedure, and in certain cases it may be necessary to go to court.
What is the ideal country for a surrogacy process?
Due to its legal security and years of experience in the field, the United States (although not in all its states) is the safest country at this time to carry out a surrogacy process. However, depending on the characteristics of each case, we can also turn to other countries with strong surrogacy legislation.
Can gay couples have a child through surrogacy?
Yes. Moreover, in men it is the only way to have a child with their own genetic load. From our firm we firmly believe that this reality must be recognized and accepted in order to provide the gay community with the same possibilities as heterosexual couples.
How long does a surrogacy process last?
We can say that an uncomplicated process can take 18 months to return home with the newborn. However, depending on the country of destination, legal formalities may lengthen the time frame, as well as any medical complications that may arise during the process. The biological factor plays an important role in the timing of the process.
Where to start a surrogacy process?
Based on our experience and because the most important thing is the respect of the rights of the families and the pregnant women, as well as the legal recognition of the children, starting the process with the correct legal advice would be the most appropriate option. Subsequently, we will have to resort to agencies, clinics, insurance companies, etc., but always starting from the correct approach at the legal level.
If you are interested in forming a family through surrogacy, we can advise you and manage all the procedures: From the choice of the destination country to the total regularization of the newborn in Spain.
NEED HELP?
If you have encountered any inconvenience in your process, whether it be problems with insurance, medical issues or with clinics that you believe are not complying with the agreement, you can contact us to assess the situation, and see if it is necessary to claim, or to know what alternatives you have to move forward in your case.
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