New Directive Limits Registration of Minors Born via Surrogacy Abroad in Spain
The Spanish Ministry of Justice has issued a directive that prohibits the direct registration of minors born through surrogacy abroad. This move affects individuals who engage in surrogacy practices, which remain illegal in Spain. According to the directive, such registrations can only be completed through biological ties or adoption.
Scheduled to be published tomorrow in the Official State Bulletin (BOE), the directive changes the previous approach, which allowed minors born from surrogacy to be registered in the Civil Registry, even with a validating foreign judicial resolution. The Spanish Ministry of Presidency, Justice, and Relations with the Cortes has clarified that this new directive aligns Spanish law with a ruling from the Supreme Court.
In a landmark ruling in 2024, the Supreme Court declared null a surrogacy contract for a minor born via this method, despite the existence of a US judicial resolution that had validated it. The directive effectively ends the possibility for parents to register their children born through surrogacy abroad, thus tightening the legal framework surrounding this sensitive issue.
In the year 2024, government data indicated that 154 minors born through surrogacy had been registered in the Civil Registry pursuant to foreign judicial resolutions. This new directive marks a significant shift in Spain's approach to surrogacy, reflecting ongoing debates and legal considerations regarding the ethical implications of surrogacy and its recognition within Spanish law.
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