Surrogacy in Spain, international law and the rights of the intervening parties

Abstract

Surrogacy has been studied on multiple occasions, leading to the nullity of such contracts in the LTRHA (Spanish Constitutional Court). We propose this study because controversies continue to exist on this matter, as this practice continues to be carried out in various countries where it is authorized. Therefore, we analyze Supreme Court Ruling 1626/2024, of December 4. It argues that the execution of a surrogacy contract violates the dignity and free development of personality of both the surrogate mother and the children born, because it considers that they are treated as mere objects. Furthermore, the actions of intended parents are penalized because their claim that the contract, validated by a foreign judgment, determines the parentchild relationship continues to violate the dignity and free development of the surrogate mother and the child. This study analyzes the rights of the parties involved, the best interests of the child, the exequatur procedure, and the registration of children born as a result of surrogacy in the Spanish Civil Registry.