In Spain, until now, the so-called parentage proceedings in surrogacy cases involved two civil court procedures. On the one hand, there was the legal establishment of parentage for the biological father, meaning the biological father of the child. On the other hand, there was the adoption of the child as a spouse or partner by the other parent. However, Intraius has obtained a landmark ruling, as the judge declared both parents to be legally recognized as parents in the same parentage proceeding.
Why is the ruling obtained by Intraius a landmark decision?
Because it is the This is the first time this result has been achieved in Spain at the judicial level. Usually, two procedures must be carried out, the first being the registration of the biological parent and then, so that the other is also registered as a parent, the adoption procedure.
This ruling, obtained in a civil court of first instance in Madrid, means that parentage proceedings can be greatly simplified for same-sex married couples, but also for heterosexual couples, for whom this firm has obtained rulings in previous years recognizing both parents. While this does not mean that all other cases will be the same, the existence of a precedent, moreover without opposition from the public prosecutor, represents a significant step forward in terms of timeframes and procedures necessary to ensure that both parents can be registered as the parents.
When was this historic ruling achieved as a milestone?
This same year, at the end of January 2024. Therefore, it is a very recent case. This also implies that the lawyers specializing in international law They can now take a different approach to the cases they handle, since until now, there were no rulings in which recognition occurred for both parents in the initial parentage proceedings.
What consequences might this have for other people in a similar situation?
Especially in cases similar to the landmark ruling. Legal advice could be sought to guide the case's approach in that direction. That is, to ensure that the two parents who are listed as married obtain recognition of paternity in the initial filiation process.
Our firm is truly pleased to have obtained a sentence like this. Legal advice in matters involving international law is always fascinating, and it is not always easy to obtain favorable judgments that also respond to procedural economy, which means fewer procedures and less time.
