Surrogacy or “womb for rent” are concepts that refer to the same process in which a woman (surrogate mother) carries out the entire pregnancy process and gives birth to a child for another person or couple (intended parents). From the moment the surrogate mother gives birth, she waives her legal rights over the baby.
In Spain, surrogacy is NOT permitted. Furthermore, it is expressly prohibited (Article 10 of Law 14/2006, of May 26, on assisted human reproduction techniques), as it establishes that the filiation of children born through surrogate gestation shall be determined by the birth. This issue has been, and remains, highly controversial and has always generated a significant legal and ethical debate.
While it is true, as indicated, that surrogacy is not permitted in Spain, many couples, in their desire to become parents, have turned to other countries, such as the United States or Ukraine, to contact surrogate mothers and utilize this practice. Until now, when this occurred, it was permitted to directly register babies born through a surrogacy process abroad in the Civil Registry, following the channels established for that purpose.
In this regard, registration in the Spanish Civil Registry was requested by transcribing the birth certificate from the foreign registry, or by appealing to the judicial resolution of that country which determined the filiation of that baby in favor of the Spanish citizens.
However, on April 28, 2025, an Instruction from the General Directorate of Legal Security and Public Faith was approved, which entered into force on May 1, 2025, preventing the direct registration of babies born through surrogacy abroad.
Given that this practice can no longer be used, only two ways remain to register them: the first through a DNA test (to verify the biological link), or the second, through an adoption process.
With the approval of this Instruction, the position of the courts is reinforced; they have been very clear and consider that this practice treats “mothers and children as mere commodities, violating human dignity and moral integrity.”
In Spain, there are surrogacy agencies and many are being investigated. As you can see, the situation is complicated and complex. Now, what is your opinion on the matter? Do you believe surrogacy should be legal in Spain?
Anna Nicolàs Torán
Expert Lawyer in Family Law
Martínez & Caballero Abogados
