Spain's government has officially banned the registration of babies born abroad via surrogacy unless the intended parents can prove a biological link to the child or legally adopt them. The move follows a decree published on Thursday in Spain’s official journal, marking a significant tightening of enforcement under existing surrogacy laws.
Surrogacy, whether paid or unpaid, has been illegal in Spain since 2006. However, until now, parents were able to register children born through international surrogacy arrangements using foreign court rulings. The new directive closes that loophole, stating that foreign-issued certificates or court orders will no longer be accepted by Spanish civil registrars under any circumstances.
Under the decree, individuals who obtain children through surrogacy must provide proof of biological relation or go through formal adoption to register the child's birth in Spain. This change aligns with a Supreme Court ruling from December, which emphasized that the interests of the child should be guided by Spanish values rather than the preferences of those commissioning a surrogacy.
The shift comes after a February 2024 law that explicitly classified surrogacy as a form of "violence against women," further reinforcing the government's stance against the practice. The decree signals Spain’s commitment to upholding ethical and legal standards in family formation.
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