As of May 1, 2025, Spain has enacted a controversial new policy prohibiting its diplomatic missions worldwide from registering children born through surrogacy arrangements in foreign countries. This decision follows a recent Spanish Supreme Court ruling that characterized surrogacy as exploitative of women and detrimental to children’s rights. The new regulations effectively terminate all pending registration processes and prevent Spanish diplomats from accepting certificates issued by foreign authorities that recognize Spanish citizens as legal parents of children born via surrogacy.
Historically, Spanish intended parents pursuing surrogacy in the United States would obtain a parentage order in the U.S. and then register their child for Spanish legal purposes either at a U.S. consulate or upon returning to Spain. This pathway has now been closed.
European Trend of Restricting Surrogacy Access
Spain’s policy shift reflects a broader European movement against surrogacy practices. The Spanish government previously expressed opposition to surrogacy in its 2023 abortion law revision, explicitly describing it as a form of violence against women. Although surrogacy has been illegal within Spain since 2006, citizens were previously able to register children born through surrogacy abroad by presenting foreign court rulings that established parentage.
The recent Supreme Court decision has prompted stricter enforcement, now requiring either biological proof of parentage or formal adoption for children born through surrogacy to be registered in Spain.
This policy change is part of a larger European conversation on surrogacy ethics. Politicians across the ideological spectrum have voiced opposition to the practice. In October 2024, Italy took similar action by criminalizing Italian citizens who seek surrogacy services abroad, including in the United States, in an effort to combat what Italian lawmakers termed “surrogacy tourism.”
Spain’s regulations are expected to be further reinforced by upcoming legislation targeting human trafficking, emphasizing the government’s commitment to protecting women’s rights and children’s welfare.
Complications for Spanish Families
This policy shift creates significant challenges for Spanish citizens who have already established surrogacy arrangements in countries where the practice is legal. These families may encounter substantial difficulties obtaining legal recognition for their children, potentially resulting in disputes and delays regarding citizenship and parental rights.
The requirement for biological proof of parentage or formal adoption presents particular complications for intended parents without biological connections to their children—common scenarios when donor eggs, donor sperm, or donated embryos are used in surrogacy. These verification processes can be lengthy and complex, potentially causing legal uncertainty for children and affecting their sense of identity and belonging.
U.S. Birthright Citizenship Remains in Effect
Children born through surrogacy in the United States continue to receive automatic U.S. citizenship and can obtain U.S. passports, allowing them to travel to Spain. However, Spain’s new policy complicates the legal registration process once these families return to Spanish territory.
Legal Guidance for Spanish Citizens
Spanish citizens considering U.S. surrogacy arrangements should consult with attorneys in both countries:
– A U.S. surrogacy attorney can confirm parental rights under U.S. law
– A Spanish attorney can advise on navigating the new registration requirements
– Coordination between these legal professionals is essential for establishing parental rights recognized in both jurisdictions
This collaborative legal approach helps intended parents navigate complex international surrogacy regulations and address potential challenges, ultimately working to secure their child’s legal status in both the United States and Spain.
