What is surrogacy?
A woman agrees to carry and give birth to a baby for another person or couple by providing her womb and insemination. The surrogate mother becomes pregnant through artificial insemination (either with donor sperm or with the sperm of the intended father).
Who may need surrogacy?
Individuals who are unable to carry a pregnancy, who have genetic conditions that make it difficult or impossible to have children, who have medical conditions such as cancer that could be dangerous for both mother and child during pregnancy, individuals who are unable to produce eggs, etc.
Surrogacy may be a necessity for anyone who has suffered from infertility, those who have undergone cancer treatment, women who have had a miscarriage or those who are unable to carry a pregnancy on their own. You can give birth to your own child in another woman’s womb!
Surrogacy?
We know that surrogacy may seem like a rather unconventional idea, so let us tell you what it involves. First of all, there are many people who can’t carry children and want to have one. So, as a surrogate mother, you will carry someone else’s baby to term in your womb. All you need to do is provide your womb and some eggs and sperm (if needed). Sounds easy, doesn’t it?
Surrogacy is the process in which a woman carries and delivers a baby for another person or couple. This can be done with an egg donation, embryo donation or some other form of assisted reproductive technology.
The surrogate mother does not receive any payment for her services other than reimbursement of reasonable medical expenses (travel expenses, food, accommodation, etc.), unless the contracting parties agree otherwise. The surrogacy agreement may also include coverage for lost wages and childcare costs.
What is the situation of surrogate pregnancy in our country?
Spain currently has no legal regulation on surrogacy contracts. These cases are subject to contract law, and surrogacy is not available at the moment. Surrogacy agreements are not allowed in Spain. This means that you cannot pay a surrogate to carry someone’s baby on behalf of a couple.
In our country surrogacy is illegal: Article 10 of Law 14/2006, of 26 May, on Assisted Human Reproduction Techniques states that the contract by which gestation is agreed, with or without price, at the expense of a woman who renounces motherhood affiliation in favour of the contracting party or a third party is null and void.
The current Instruction of 23 June 2014 is more restrictive as it prohibits all forms of surrogacy and also the importation of embryos and gametes. The Instruction of 23 June 2014 states that a contract must be drawn up with the intended parents and after it has been approved by an official court decision, the surrogate mother can sign it.
However, in the event that the surrogate is not a Spanish citizen or does not have permanent residence in Spain, she must obtain authorisation from a public prosecutor. This creates a significant discrimination between those Spaniards who can afford the treatment outside our borders and those who cannot.
What are the risks for a couple who become parents through surrogacy in another country?
A couple may face a number of risks when they become surrogate parents in another country. There is always a risk that something could happen to the surrogate mother and she may not be able to have her child. There is also the risk that something will happen to the couple and they will not be able to raise their child.
There are many different countries that offer surrogacy services, but people should be careful when choosing a country because there are some countries where surrogacy is illegal or forbidden for ethical reasons.
The Ministry of Justice, through the General Directorate of Registries and Notaries, has issued instructions to register children born abroad as a result of a maternal surrogacy contract in Spain, as long as a judicial resolution from the country of origin is presented that guarantees the legality of the process.
If you are considering surrogacy, our family law firm in Ibiza has all the information you need to make the right decision.
Not sure what would work best? We are here to help! Contact us today and we will answer any questions you may have!
