Although surrogacy is not allowed in Spain, a new instruction issued by the Ministry of Justice will allow parents to enroll their children born from a rental belly abroad.
So far this possibility was not legally contemplated causing really rocambolesque situations such as the child listed as a foreigner. But with this resolution, children born to a surrogate mother with at least one Spanish parent may be full citizens.
As a condition to be able to register the baby as their child in the Civil Registry, the parents must present a judicial resolution issued in the country of origin that recognizes the bond with the child and that the surrogate mother who managed the child agrees. That is, to certify the legality of the process.
Couples who are thinking about the possibility of having a baby by this means that will be happy to hear the news, is a stone less in the way. In addition, it is a protection for the child who will have the right to know its biological origin.
It is the couples of gay men who wish to have biological children who will be especially happy because the two members may appear as parents of the baby, while before only one could appear and if the other also wanted to have to adopt it.
Substitute pregnancy (or "rented belly") is legal in countries such as the United States, United Kingdom, India. Russia, Ukraine and Greece. It is not in Spain, for at least as of now children born to a rental belly may be enrolled abroad, so that babies born by this means with a Spanish parent will have legal coverage.
