Supreme Court Ruling Empowers Parents of Surrogate-Born Children to Alter Birth Records
In a landmark decision, the Supreme Court of Spain has ruled in favor of parents whose children were born abroad through surrogacy—a practice currently not recognized under Spanish law. This ruling allows these parents to modify the Civil Registry, changing the place of birth of their surrogate-born child to reflect their home address. The case arose from a couple whose child was born in Ukraine via surrogacy. The biological father is the child's biological parent, while the mother’s affiliation is by adoption through the biological father’s spouse.
When the couple sought to transfer their child's birth registration from the Central Civil Registry to the registry in their home locality, they requested that the place of birth be changed to their residence. Initially, the Civil Registry denied their request. This denial was upheld first by the Directorate General of Legal Security and Public Faith, and later in appeals, leading the parents to petition the Supreme Court.
The Supreme Court's ruling acknowledged the relevance of the existing Civil Registry Law provisions that permit changes in the birthplace of a child in cases of international adoption. Although surrogacy does not fall under the same category as international adoption, the Court explained that the position taken was justifiable. The ruling emphasized that the child's place of birth being recorded as a distant foreign location—especially one linked to surrogate arrangements—could effectively mark them as different, thereby revealing their adoptive status and the sensitive circumstances of their origin.
The judges argued that listing this distant birthplace could infringe upon the child's privacy rights. According to Article 18.1 of the Spanish Constitution, which protects personal and family privacy, maintaining the current registration could expose the specifics of the child's conception and adoption, an intrusiveness that carries with it the potential for social stigma.
The Court highlighted several constitutional articles that align with their ruling. Article 14 stipulates that there should be no discrimination based on birth conditions, suggesting that children's rights should be uniformly protected regardless of how they come into the family unit. Furthermore, Article 39 emphasizes the protection of children by public authorities, ensuring that minors are treated equally under the law, regardless of their familial affiliation.
This ruling is seen as a significant step towards validating the experiences and rights of families formed through surrogacy, particularly in a nation where such practices exist in a legal gray area. By providing these parents with agency over their child's birth records, the Supreme Court is not only advocating for the rights of the child but also addressing the broader conversation about the societal implications of surrogacy.
The ruling, reported by Europa Press, has sparked discussions about the regulations surrounding surrogacy and how contemporary familial structures are recognized by the law. As society evolves, so must the legal frameworks that govern it, ensuring that all forms of family are respected and treated with dignity.
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