Surrogacy Insights

Surrogacy remains one of the most legally restricted forms of assisted reproduction in Spain. Under Law 14/2006 on Assisted Reproduction Techniques, all surrogacy contracts are considered null and void, whether commercial or altruistic. The law explicitly recognizes the woman who gives birth to the child as the legal mother, regardless of biological or genetic connection. As a result, surrogacy arrangements—domestic or international—are not legally recognized within Spain.

Spanish Supreme Court and Recent Developments

In October 2024, the Spanish Supreme Court reaffirmed the country’s restrictive stance by declaring surrogacy arrangements incompatible with Spanish public policy. The Court characterized such arrangements as violating the moral and legal integrity of both the surrogate and the child, framing surrogacy as a form of commodification.

Following this, the Spanish government issued a directive effective May 1, 2025, instructing all embassies and consulates to cease registering the births of children born through international surrogacy. This administrative change significantly impacts Spanish intended parents who pursue surrogacy abroad, as they may no longer be able to obtain Spanish nationality or legal documentation for their children via consular registration.

Recognition of Parentage

Spanish citizens may still pursue surrogacy abroad; however, they face significant legal challenges in having their parentage recognized upon returning to Spain.

If both intended parents are biologically related to the child, recognition of parentage may be more straightforward. However, if one parent is not biologically related, the legal recognition of parental rights becomes significantly more complex. The new directive, effective May 1, 2025, instructs Spanish consular offices to stop registering the births of children born via surrogacy in the civil registry.

In such cases, only the biological parent—typically the father—can be registered as the child’s legal parent in Spain. The non-biological parent must initiate an adoption process, which can only proceed once the surrogate mother has formally relinquished her parental rights. This process is legally intricate, time-consuming, and does not guarantee recognition of parental status.

Practical and Emotional Impact

This policy shift is likely to cause emotional and financial strain for intended parents currently navigating surrogacy arrangements abroad.

It is strongly recommended that any Spanish citizen considering surrogacy abroad consult with legal counsel in Spain, as well as legal professionals in the country where the child will be born.

Given the evolving legal landscape and growing international scrutiny of cross-border surrogacy, legal planning is essential to safeguard parental rights and ensure the child’s best interests are protected.