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Thursday, 23 February 2017 09:55

Legal implications of the "Rental Belly"

Unlike other countries and as stated in article 10 of Law 14/2006, of May 26, on Techniques of Assisted Human Reproduction, in Spain the wombs of rent (also known as surrogate maternity) are illegal and Penalized.

But, what is a surrogacy or surrogacy maternity?

Maternity surrogacy is known as an assisted reproductive technique agreed with a woman who offers her womb for gestation and that once given birth, renounces the maternal filiation to give it to the person or couple contracting.

Since in Spain this technique is illegal, many couples with fertility problems that resort to countries where renting bellies are legalized (the United States being the most recommended followed by Canada, Russia, Ukraine, Greece and Georgia) in order to comply His dream of being a parent. This technique is increasingly demanded in our country; Which has led the Government to state its legal situation. The Supreme Court has recently recognized maternity by subrogation or substitution as a protected status for the purposes of maternity, adoption or foster care. The Court ensures that two perfectly differentiated plans must be distinguished: the one relating to the gestation contract by substitution and its legally established nullity, and the one relating to the situation of the minor, which can not prejudice the nullity of the contract.

Even though surrogate motherhood or belly rental is a very demandy technique, it is an expensive and complex procedure. The cost varies according to the country where the gestation takes place, with the United States being the most expensive because of its greater guarantees and legal security.

One of the fears of parents who have decided to rent a belly for rent is the concern to return to Spain with the baby and be able to register it in the Civil Registry. But there should be no fear since the Civil Registry in Spain is legal and can be done without any problem as long as the requirements are met. Registration in Spain can be done through two procedures:

  • Direct filiation by judicial decision (United States and Canada): a judicial decision is obtained that recognizes the intentional parents as the legal parents of the minor. By the time the baby is born, all the papers are organized to be able to return to the country of origin immediately.
  • Adoption filiation (Ukraine): when a court decision determining filiation can not be obtained, if the intentional father is the biological father (he has contributed his genetic material) he would be attributed paternity directly and could enroll the child by the Formalities established in Spanish law. In this case, the mother would have to adopt the child later.

Writings SF Lawyers