From recognition to adoption: Spain's surrogacy policy shift

When a family created through surrogacy abroad returns to their home country after the birth of the child, the genetic parent(s) are usually recognised as legal parents by default. However, any parent without a genetic link to the child needs to have their parenting rights legally recognised as soon as possible.

This protects the family in case of the genetic parent's absence, death, parental separation, or simple everyday activities the non-genetic parent might need to undertake – such as taking the child to the doctor's or picking them up from school.

In most European jurisdictions, foreign surrogacy arrangements receive varying degrees of recognition – except for Italy, where commissioning surrogacy (including abroad) is punishable by imprisonment and fines (see BioNews 1289). In Spain, following the introduction of gay marriage and assisted reproduction laws (Ley 13/2005 and Ley 14/2006), surrogacy is banned within Spanish territory, but families created by Spanish citizens abroad have historically been recognised.

Thanks to the special directive introduced in 2010 – (October 5, 2010 Instruction from the Directorate General for Registries and Notaries)...