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 The new regulation came into force on May 1, 2025, and since then, the procedures we previously relied on are no longer applicable.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 through surrogacy in the U.S. or Canada directly at the Spanish Consulate by providing the parentage judgment issued in the country of birth. It was a simple, fast process that did not require going through the Spanish courts.
With the new Instruction, this is no longer possible.
As of May 1, 2025, all families must initiate a judicial procedure in Spain to have the child’s parentage legally recognized. In other words, the process becomes more complicated and significantly longer.
What steps must be followed now?
Judicial determination of the child’s parentage in Spain.
This process is lengthy and complex, and the challenges vary depending on whether the family is heterosexual, same-sex, or single-parent.
How does this affect maternity and paternity leave?
The change also impacts access to birth and childcare benefits. Since parentage must now be recognized judicially, the ability to prove that parentage to Social Security will be delayed. This will likely create problems between parents, Social Security, and their employers.
Additionally, Social Security does not follow a clear or uniform criterion. Two families with the exact same documentation may receive different outcomes depending on the officer handling their case.
What about healthcare coverage?
You will be able to add your child as a beneficiary under Social Security, but it is very likely that obstacles will arise until the judicial decisions determining parentage are issued. As an alternative, many families choose to purchase temporary private insurance while the process is being resolved.
What about surnames?
There are no changes. You may continue choosing the baby’s surnames at the time of birth in the U.S. or Canada. In Spain, surnames are determined by legally established parentage, and ultimately your children will carry your surnames.
What about children who have already been born but were not yet registered?
The Instruction does not allow direct registrations as of May 1, 2025, even if the child was born before that date.
However, we are working with the Consulates to try to have these cases accepted as exceptions, as they were conceived under the previous regulatory framework.
And what about children who were already registered?
The new Instruction does not affect cases where the child’s birth has already been registered.
What should we do now?
We understand that all of this may cause doubts and uncertainty. That is why we will be addressing each case individually and guiding you through this change.
In the meantime, you may send us your questions by email, and you can also visit our Instagram account @beatrizhuergaa, where we’ve already answered many frequently asked questions that may help you better understand your situation.
We remain by your side, with the same commitment as always.
