Spain is one of the many countries where surrogacy is not regulated at the legislative level. It is rather problematic for Spaniards who are faced with the problem of infertility to contact a specialized agency or find a surrogate mother on their own. At the same time, difficulties may also arise when using this service in other countries, since Spanish embassies are meticulous about resolving such issues and registering children born with the help of third parties. From the article, you will find out if surrogacy is illegal in Spain and what alternatives are offered to citizens.
Legality of surrogacy in Spain
Answering the question whether surrogate motherhood is legal in Spain, we can definitely say that such a service is prohibited in the country. At the same time, the law does not prohibit the use of other reproductive technologies: for example, it is allowed here to anonymously give one’s own eggs and male sperm. Donation of genetic material can be rewarded financially.
The government does not prohibit Spanish citizens from using the services of a surrogate mother in other countries, but biological parents may still face difficulties in registering a child and obtaining citizenship. Surrogacy laws in Spain consider the mother to be the woman who gave birth to the child, regardless of whose biological material was used to culture the embryo. However, thanks to the law on adoption, women can become the official mothers of their child. About this – further.
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Possibility of surrogacy in other countries
Surrogate motherhood is one of the methods of overcoming infertility, which is used when a woman cannot conceive, carry or give birth to a child on her own. Many Spanish couples for the program choose countries where surrogacy is allowed and regulated by law. These countries include Georgia, Ukraine, where foreigners can use the services of a surrogate mother.
To undergo the procedure, genetic parents need to choose a suitable surrogacy clinic or agency. To do this, you can use the Family Pathway service. The process consists of several stages:
Consultation with specialists
and selection of a suitable type of surrogacy.
Preparation for participation in the program
Biological parents need to take into account all legal aspects; for this, professional lawyers work in many centers.
Arrival in the selected country to select a surrogate mother,
undergo diagnostics, and donate genetic material.
Embryo transfer,
childbearing and childbirth.
The final stage after the birth of the baby is the paperwork. The country in which the child was born issues a birth certificate and, in some cases, citizenship.
Parents, with the help of a lawyer, draw up a package of documents that is necessary to take the child home to Spain. Usually this is:
- birth certificate and child’s passport (with translation and apostille);
- certificate of genetic relationship with the father;
- statement of the surrogate mother (and waiver of rights to the child);
- all contracts within the framework of the surrogate motherhood program: with an agency, a clinic, a surrogate mother.
Depending on the country, the list of documents may vary.
Spanish law recognizes as the mother the woman who gave birth to the child, and not the genetic mother or the wife of the biological father. Thus, coming to Spain, the child has one official parent – the genetic father. The biological mother (wife of the father) will have to adopt a child.