Surrogacy is a process in which a woman (the gestational mother) carries the pregnancy to term and gives birth to a child for another person or couple (the non-gestational mother). From the very moment the surrogate mother gives birth, she relinquishes her legal rights to the baby.
Surrogacy is NOT permitted in Spain. In fact, it is expressly prohibited (Article 10 of Law 14/2006, of May 26, on assisted human reproduction techniques), as it establishes that the parentage of children born through surrogacy shall be determined by the birth. This issue has been, and remains, highly controversial and has always sparked significant legal and ethical debate.
While it is true, as I mentioned, that surrogacy is not permitted in Spain, many couples, driven by their desire to become parents, would travel to other countries—such as the United States or Ukraine—to find surrogate mothers and make use of this practice. Until now, when this occurred, babies born through a surrogacy process abroad were allowed to be registered directly with the Civil Registry, following the procedures established for that purpose.
In this regard, a request was made for registration in the Spanish Civil Registry through the transcription of the birth certificate on file in the foreign registry, or else a judicial ruling from that country was invoked that established the baby’s parentage in favor of the Spanish citizens.
However, on April 28, 2025, an Instruction from the General Directorate of Legal Security and Public Trust was approved, which took effect on May 1, 2025, and which prohibits the direct registration of babies born through surrogacy abroad.
Since this practice will no longer be an option, we will have only two ways to register them: the first is through a DNA test (which would verify the biological relationship), and the second is through the adoption process.
The adoption of this directive reinforces the position of the courts, which have been very clear in their view that this practice treats “mothers and children as mere commodities, violating human dignity and moral integrity.”
There are surrogacy agencies in Spain, and many of them are under investigation. As you can see, the situation is complicated and complex. Now, what’s your opinion on this? Do you think surrogacy should be legal in Spain?
Anna Nicolàs Torán
Attorney Specializing in Family Law
Martínez Caballero Abogados
