May 5, 2025 A new Instruction from the Directorate General for Legal Security and Public Faith has been published regarding the registration of births through surrogacy abroad. Although the tone of the document has generated alarm, especially in the mainstream media, it is essential to understand what has actually changed, what remains the same, and, above all, what legal avenues are still available to protect children and their families.

What really changes?

The new Instruction supersedes the previous ones from 2010 and 2019, which allowed, in certain cases, the direct registration in the Spanish Civil Registry of parentage determined abroad.

However, it should be clarified that this procedure was only possible when there was a foreign judgment issued in a voluntary jurisdiction procedure, which, in practice, only occurred in countries such as Greece, Canada and the United States.

Furthermore, in recent years, only births in Greece were being registered directly, since in Canada and the USA foreign authorities issue local passports and Spanish consulates used to invite families to return to Spain, where the Central Civil Registry ended up denying direct registration.

In other words, in most countries where surrogacy is legal (Ukraine, Georgia, Mexico, Colombia, etc.), direct registration was never an effective route, and the usual practice has always been to resort to the ordinary judicial procedures provided for in the Spanish legal system to obtain parentage.

Which paths remain open?

The Instruction clarifies that, from now on, neither foreign birth registrations nor foreign court judgments will be accepted as sufficient grounds for registering a birth, and that pending applications will not be approved. However, this does not mean that recognition of parentage is prevented, but rather that it must be channeled exclusively through the jurisdictional procedures established in Spain, which remain fully operational.

  • Claim of biological paternity by the intended father who has contributed genetic material.
  • Adoption by the other member of the couple, in the case of a stable family unit.

As confirmed by the Supreme Court in its recent ruling 1626/2024, when there is no genetic link with either of the intended parents, the only legally appropriate way to establish parentage is through adoption, provided that the existence of a suitable family environment is demonstrated. These are not international adoptions, and the intervention of any public entity is not required; only the consent of the biological parents is essential, and the process takes approximately eight months, depending on the workload of the competent court. In short, it is a quick and simple procedure.

What does the European Court of Human Rights say?

Spain, as a member state of the Council of Europe and a signatory to the European Convention on Human Rights, is obligated to comply with the judgments of the European Court of Human Rights (ECHR). This court has clearly established that, in the best interests of the child, states must recognize the legal relationship between children born through surrogacy and their intended parents, at least when a stable emotional and familial bond exists.

Therefore, even if the requirements for direct registration are modified, Spain remains legally obligated to establish parentage through the appropriate procedural channels, and cannot indefinitely deny this link without violating fundamental rights of the child and his parents recognized by European jurisprudence.

What if the child is abroad?

The Instruction expressly allows parents to obtain local passports or travel permits issued by the authorities of the country of birth, so that the child can enter Spain. Once in Spanish territory, the corresponding parentage claim procedure can be initiated, with the fullest guarantees.

Conclusion: the essentials do not change

This regulatory change affects a procedure that was already very limited in practice. Families who have relied on international surrogacy programs, and especially those whose children were born or will be born in countries other than Greece, were already obtaining legal recognition of parentage through Spanish courts, which are now reaffirmed as the only official route.

At Intraius, we have been supporting families through these processes for over twelve years and can state, with serenity and clarity, that:

  • The parentage of children born through surrogacy continues to be recognized in Spain.
  • There are appropriate legal mechanisms that are compatible with the best interests of the child.
  • No family is left without support. The essential thing remains possible: ensuring the child's legal protection and their full integration into their family.

Franco Antonio Zenna
Lawyer · Director of Intraius
Specialist in private international law, parentage and adoption in surrogacy cases

Contact:
E-mail: contact@intraius.com
Address: C. Tuset, 17 1º 2ª. 08006 – Barcelona
Phone / WhatsApp: 662 479 938