Carrer d'Aribau 161, 08036 - Barcelona
Carrer d'Aribau 161, 08036 - Barcelona

Lawyer and healthcare specialist in surrogacy since 2015

SURROGACY IN SPAIN 2023

What is the situation of surrogacy in Spain in 2022 and forecasts for 2023?

In Spain there is no specific regulation regarding surrogacy. The only reference we find about it is in Law 14/2006, of May 26, on assisted human reproduction techniques. Specifically, its article 10 states:

  1. The contract by which the gestation is agreed, with or without price, at the expense of a woman who renounces maternal filiation in favor of the contracting party or of a third party, shall be null and void as of right.
  2. The filiation of children born through surrogacy shall be determined by delivery.
  3. The possible action of paternity claim against the biological father remains unaffected, according to the general rules.

Based on the above, it is not correct to state that surrogacy is illegal in Spain. However, since the contracts are null and void and the maternity can only be awarded to the woman who has given birth, it becomes complicated to protect the rights of the parties in our jurisdiction, having to go abroad to have a child by this technique.

Therefore, the filiation of the children may be established following the channels established by law, as long as the process has been done in a country where there is a clear regulation on surrogacy.

On the other hand, given the growing volume of existing cases, in 2010, the General Directorate of Registries and Notaries issued on October 5 an Instruction that serves as a basis for the registration of children born by this assisted reproduction technique in Spain, differing the mode of registration depending on the characteristics of the country of destination in which the process has been carried out.

Regarding the treatment and recognition of surrogacy by central European Courts, we can affirm that, in spite of continuing to grant sovereignty to the different countries on the exact way of registration, the best interest of the minor always prevails, forcing the states to find a solution to any situation of legal insecurity of the minors.

As for the future of surrogacy in Spain in 2023, certain legislative changes are expected in the coming months that we are still unaware of and about which we will be aware of in order to adapt each process to the new circumstances.
CONTACT WITH US

Consult your case

There is always a solution to a problem, and when legal proceedings are involved, it is logical that doubts arise. Do not let more time pass and let yourself be advised by professionals with extensive experience in various fields: fill in your details or call us, and request the feasibility of your case.

616 214 820

All fields are required

Responsible for data processing: Beatriz María Huerga Medina. Address: Carrer d’Aribau 161, 08036- Barcelona. Purpose: your data will be used to respond to your requests and provide you with our services. Advertising: we will only send you advertising with your prior authorization, which you can provide us through the corresponding box established for this purpose. Legitimation: we will only process your data with your prior consent, which you can provide us with by means of the corresponding box established for this purpose. Recipients: in general, only duly authorized personnel of our entity may have knowledge of the information we request from you. Rights: You have the right to know what information we hold about you, correct it and delete it, as explained in the additional information available on our website. Additional information: more information in the section
Privacy Policy
of our website.