People who have used a surrogate mother to have a child must prove the biological link or start an adoption procedure.
The Spanish left government prohibited through a decree published on Thursday, the direct registration in its civil register in its civil register, children born abroad via a gestation for others (GPA), a prohibited practice in the country since 2006. This instruction from the Ministry of Justice, published in the Official Journal, will force people who have recourse to a surrogate mother to have a child to prove the biological link or to enter into an adoption procedure registration.
“In any case will it be accepted by the persons responsible for the civil status registers, including the consular civil status registers (…) a certification of registration abroad” or a decision “of the judicial authorities of the corresponding country”, stipulates the decree.
The parentage will therefore be only only “Through the ordinary means provided for by Spanish law”namely “Biological filiation” et “Adoptive parentage when the existence of a family nucleus is proven with sufficient guarantees”add the text.
-GPA has prohibited since a 2006 law
This investigation follows a decision of the Spanish supreme court, which estimated in early December that “The interest of the minor” should not be dictated by “The interests of gestation sponsors for others” but by “Equity values” of the Spanish company.
Gestation for others, whether paid or not, is illegal in Spain since a 2006 law, which stipulates that “The parentage of a child born at the end of a substitution maternity will be determined by childbirth”.
The legislation, on the other hand, authorized the registration of children born as part of a GPA abroad with the Spanish civil status, provided that “A judicial resolution dictated by a competent court” in the country in question and establishing parentage.
GPA was integrated during a law adopted in February 2024 by the Spanish Parliament among the “Manifestations of violence against women”. This law has also prohibited any advertising for GPA on the part “Intermediation agencies”.
