Spain’s decree bans registration of overseas surrogate births

Thursday 01 May 2025 - 16:40

By: Dakir Madiha

Spain’s decree bans registration of overseas surrogate births

Spain's left-wing government has taken a decisive step by publishing a decree that prohibits the registration of births of children born abroad to surrogate mothers. This move reinforces a ban established by a 2006 law that outlawed surrogacy in the country.

Under the new directive, individuals who have obtained a child through surrogacy must establish a biological connection to the child in order to record the birth in the civil register. If they cannot prove this biological link, they are required to formally adopt the child. The decree, released in Spain's official journal, explicitly states that foreign certificates or court orders will not be accepted by civil registrars in these instances.

This action follows a ruling by Spain's Supreme Court in December, which emphasized that the welfare of the child should reflect Spanish values rather than the interests of those who commission surrogate pregnancies. Surrogacy, whether compensated or not, has been illegal in Spain since 2006. However, prior legislation had permitted citizens to register births from overseas surrogacies by presenting a foreign court order that validated the child's parentage.

In a significant shift, a law enacted in February 2024 characterized surrogacy as a form of violence against women, further solidifying the government's stance against the practice.