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, are raising blisters among the majority of the population.
Regarding surrogacy, the changes proposed by the Government not only affect Organic Law 2/2010, of March 3, but also Law 34/1988, of November 11, 1988, General Advertising Law and Law 14/2006, of May 26, 2006, on assisted human reproduction techniques.
In summary, the proposed changes in relation to surrogacy are:
- Prevention through awareness campaigns.
- The prohibition of intermediary agencies from any type of advertising in this regard that promotes the practice.
- Inclusion of gestational surrogacy as a form of violence against women
How will these measures affect surrogacy in 2023 in Spain?
The consequences that these changes will have on families having children through surrogacy are still unknown. However, what we can say is that the change in the Law is contrary to the last decisions of European Central Courts, as well as contrary to the legislative proposal on filiation that was opened last December 7 in the European Commission.
In our opinion, and still without knowing what the reality will be, it is most likely that these new legal measures will entail greater difficulties for the recognition of the filiation of the newborns, which clearly goes against their rights and will be a form of discrimination. The prohibition of an assisted reproduction technique, which is a reality, is only a flight forward without providing a solution to the cases of surrogacy in which there is a clear violation of women’s rights.
Our position is totally contrary to the new legislative measures proposed regarding surrogacy and we continue to defend that a clear regulation is necessary to avoid cases of abuse. Not all cases are the same, nor can they be generalized, nor can families be criminalized and, much less, the consequences should be suffered by children with no possibility of real defense.
