The Spanish government is introducing new, strict rules that prohibit the country's embassies and consulates from registering children born through surrogacy abroad. Local media reported that the measures will come into effect on Thursday, canceling all pending registration procedures and prohibiting diplomatic officials from accepting birth certificates issued abroad in which Spanish citizens are listed as the parents of a child born to a surrogate mother, News.bg reports.
Surrogacy has been banned in Spain since 2006, but until now many Spanish couples have managed to register their children born through this practice abroad, based on court decisions from the respective countries. However, this is changing after a Supreme Court ruling in December 2023, which declared these practices illegal and contrary to human dignity.
The new measure is part of a broader line of action by the left-wing government of Pedro Sánchez, which views surrogacy as a form of violence against women and the devaluation of the child as a “commodity“. Under the new rules, parentage can only be established once the child arrives in Spain, with only the biological parent - usually the father - being legally recognized. The other partner will have to apply for adoption.
Similar measures have already been introduced in Italy by the conservative government of Giorgia Meloni, which even criminalizes surrogacy trips abroad.
The Spanish authorities plan to further tighten restrictions with an upcoming bill to combat human trafficking, expected later this year.