Efectos jurídicos de los contratos de maternidad subrogada internacional en España

Abstract

Surrogate pregnancy has different legal treatments in different countries. While some countries recognize it with more or less flexibility, others expressly forbid it, like it is the case in Spain. However, even though in Spanish law these types of contracts are declared null by law, this does not prevent that the future parents travel to those places in which this reproductive technique is allowed in order to formalize them. This reality has a legal problem when it comes to the recognition of the filiation of the minors in our country. In these instances, there are conflicting opinions between the General Registry and the Notaries, and the Supreme Court that invite to question the possibility to reform this prohibitive norm to avoid contradicting interpretations and actions based on basic principles of our legal system.