Surrogacy Law in Spain: Sensible Surrogacy

Sensible Surrogacy has had many successful Spanish clients return home with new, happy Spanish families.

Spanish Surrogacy:
Navigating Current Court Precedents

At Sensible Surrogacy we have many Spanish clients who have returned home with new, happy Spanish families. Our promise is to work with you and the Spanish authorities in India and in Spain to register your new child quickly and with minimal hassle. The result is a Spanish passport for your child, and freedom for you and your new family to return home as Spanish citizens.

Although the ‘Ley sobre Técnicas de Reproducción Humana Asistida’ of 2006 forbids any kind of surrogacy, several highly public court cases have created precedents allowing for children born of surrogacy to obtain Spanish citizenship and passports. The Spanish courts recognize this as being in the best interest of the child.

The most notable suit occurred in 2009, when a gay Spanish couple successfully sued to have their twins registered in the Civil Registry in Spain. As a result, in 2010 the Spanish Dirección General de los Registros y del Notariado (DGRN) published a directive allowing the inscription of children conceived through surrogacy in the Spanish civil registry.

In short, the Spanish law also acknowledges the genetic relationship of the child to the Spanish citizen. In all cases the surrogate is listed as the birth mother on the birth certificate, but the provision allows the surrogate herself to renounce her relationship to the child. This leaves the genetic father as the sole guardian, while the genetic mother (or other non-genetic parent, if the ovum has been donated) is then able to adopt the child in order to have both parent’s names inscribed in the child’s birth certificate.

In essence, the 2010 provision provides a path for Spanish couples to create families via surrogacy and have those children given Spanish citizenship and added to the parents’ Libro de Familia.

Compare this to surrogacy laws in India.