The Spanish leftist government has banned the direct registration of children born abroad via surrogacy in its civil registry, according to a decree published on Thursday, as the practice has been illegal in Spain since 2006.
The Justice Ministry's directive, published in the Official Gazette, mandates that individuals who have children through surrogacy must establish a biological link or undergo an adoption process for registration.
The decree specifies that civil registry officials, including those at consular offices, will not accept any foreign registration certificate nor rulings from judicial authorities of the relevant country.
Henceforth, parentage will only be recognised through "ordinary means provided by Spanish law," meaning "biological parentage" or "adoptive parentage when a family unit with sufficient guarantees is proven," the decree adds.
This directive follows a Spanish Supreme Court decision in early December, emphasising that a child’s welfare should not be dictated by the "interests of surrogacy commissioners" but by "the societal values" of Spain.
Related News
- Some EU member states continue to oppose a European Certificate of Parenthood
- 400 people complete March for Life in Brussels
Surrogacy, whether paid or unpaid, has been illegal in Spain since a 2006 law, which defines parentage by childbirth.
Previously, however, the legislation allowed for the registration of children born via surrogacy abroad within the Spanish civil registry, provided a judicial resolution from a competent court in the respective country established the parentage.
In February 2024, the Spanish Parliament incorporated surrogacy within a law listing it as a "form of violence against women," which also banned all advertising for surrogacy by "intermediary agencies."
