Spain has enacted a new instruction to further restrict surrogacy, preventing the registration of babies born through surrogacy in Spanish consulates, regardless of the country of birth or circumstances. This measure closes administrative loopholes that previously allowed the registration of children born through surrogacy abroad.
Surrogacy has been illegal in Spain since 2006. The new instruction follows a December 2024 Supreme Court ruling that deemed surrogacy harmful to both the gestational mother and the child. The court emphasized that the child's best interests should be determined based on Spanish societal values, not the wishes of the commissioning parents. The instruction also cites surrogacy as a form of violence against women and a violation of fundamental legal principles.
While Spain cannot completely prevent surrogacy, the instruction aims to make it more difficult. The government's approach focuses on administrative measures. Upon arrival in Spain, children born through surrogacy will require a new filiation process through legal means, such as biological or adoptive filiation. Future consideration may include incorporating surrogacy into the proposed law against human trafficking.
Other countries, such as Italy, have taken a stronger stance against surrogacy, implementing criminal penalties for those engaging in the practice, both domestically and internationally. The financial aspects of surrogacy are also highlighted, with significant variations in payments to gestational mothers across countries like India, Mexico, and the United States.
The article emphasizes the ongoing debate surrounding surrogacy, with strong opposition from feminist groups and the majority of the medical and political community in Spain, who view it as exploitative and a form of reproductive mercantilism. The core argument is that parenthood is a desire, not a right, and that surrogacy exploits both women and children.