The Instruction of April 28, 2025, published in the Official State Gazette, updates the registration regime applicable to births by surrogacy, also known as surrogacy. This update responds to recent jurisprudential and regulatory developments in Spain, particularly following the Supreme Court ruling 1626/2024, of December 4, strengthening the restrictive position regarding recognizing parentage derived from surrogacy contracts concluded abroad.

Law 14/2006, on assisted human reproduction techniques, establishes the nullity of any surrogacy contract, with or without a price, in which the surrogate mother renounces maternal parentage. The parentage of children born through this procedure is determined by birth, allowing only claims of biological paternity through the ordinary channels provided for in Spanish law.

The main new features presented by the Instruction can be listed as follows:

1. The previous instructions of 2010 and 2019, which allowed, subject to certain conditions, the registration in the Spanish Civil Registry of filiation derived from foreign surrogacy judgments or certifications, are repealed.
2. From now on, no foreign registration certificate, declaration accompanied by a medical certificate, or final judgment from foreign judicial authorities regarding parentage through surrogacy will be accepted as valid documents for registration in the Civil Registry.
3. Applications pending registration as of the date of publication of the Instruction will not be processed.
4. Minors born through surrogacy abroad are permitted to travel to Spain with the relevant local documentation, but parentage determination must be made in Spain by ordinary means: biological parentage (when applicable) or subsequent adoptive parentage, provided that the existence of a suitable family unit is proven.

The Instruction is based, in accordance with Supreme Court Ruling 1626/2024, on the protection of the best interests of the child and the defense of the rights of the surrogate mother. The Supreme Court has reiterated on numerous occasions that surrogacy contracts are contrary to Spanish public order, objectify both the woman and the minor, and violate fundamental principles of the legal system. Furthermore, Spanish and European legislation consider surrogacy a form of violence against women, rejecting the automatic recognition of parentage derived from these contracts concluded in countries where the practice is legal.

The protection of minors cannot be based on the mere existence of the surrogacy contract or on the parentage attributed by foreign legislation. Instead, it must begin with the determination of biological parentage, adoption, or foster care, always from the perspective of the child’s best interests and respect for fundamental rights.

This new regulation has important bioethical implications as it strengthens the protection of minors’ rights, guaranteeing their right to know their biological origins and preventing situations of international child trafficking. Furthermore, it safeguards the dignity and rights of pregnant women, preventing their exploitation and objectification, and promotes a legal framework consistent with the values ​​and principles embraced by Spanish society and enshrined in international treaties on children and human rights.

This instruction is part of a broad social and legal debate on surrogacy, which pits arguments regarding reproductive autonomy against protection against the exploitation of the human body. The updated guidelines seek to provide greater legal certainty in a particularly complex area of ​​Spanish family and registry law.

Mª José Salar Sotillos – Professor, Faculty of Legal, Economic, and Social Sciences – Professor, Master’s Degree in Bioethics, Catholic University of Valencia