Surrogacy or surrogate motherhood are concepts that obey the same process that consists of a woman (surrogate mother), who carries out the entire pregnancy process and gives birth to a child for another person or couple (non-gestational mother). From the moment the surrogate mother gives birth, she gives up her legal rights over the baby.
In Spain surrogacy is NOT allowed. Moreover, it is expressly forbidden (Article 10 of Law 14/2006, of May 26, on assisted human reproduction techniques), since it establishes that the filiation of children born through surrogacy will be determined by the birth. This issue has been, and is, very controversial and has always generated a great legal and ethical debate.
Although it is true, as I indicated, that surrogacy is not allowed in Spain, many couples wishing to become parents went to other countries, such as the United States or Ukraine, to contact surrogate mothers and resort to this practice. Up to now, when this happened, it was allowed to register directly in the Civil Registry, the babies born through a surrogacy process abroad, following the procedures determined for this purpose.
In this sense, the registration in the Spanish Civil Registry was requested by means of the transcription of the birth certificate that appeared in the foreign registry, or else, an appeal was made to the judicial resolution of that country that determined the filiation of that baby in favor of the Spanish citizens.
However, on April 28, 2025, an Instruction of the General Directorate of Legal Security and Public Faith was approved, which came into force on May 1, 2025, preventing the direct registration of babies born through surrogacy abroad.
Since this practice is no longer available, there are only two ways to register them: The first through DNA testing (this would verify the biological link), or the second, through an adoption process.
The approval of this Instruction reinforces the position of the courts, which have been very clear and consider that this practice treats “mothers and children as mere merchandise, violating human dignity and moral integrity”. In Spain there are surrogacy agencies and many are being investigated. The situation as you can see is complicated and complex. Now, what is your opinion on the matter, do you think that maternity should be legal in Spain?
Anna Nicolàs Torán
Lawyer and Family Law Expert
Martínez & Caballero Abogados
