REGISTRO DE LA FILIACIÓN DE LOS NACIDOS MEDIANTE GESTACIÓN POR SUSTITUCIÓN Y SU ARTICULACIÓN EN EL RÉGIMEN DE RECONOCIMIENTO DE RESOLUCIONES JUDICIALES EN EL DERECHO INTERNACIONAL PRIVADO ESPAÑOL.

Abstract

The Headquarter of the Records and of the Notariado (DGRN) has decided to clear the doubts on the possibility of inscription of the births abroad derived from the utilization of the replaced gestation, by means of the recent Instruction of October 5, 2010, on regime registral of the filiation of borne by means of gestation for substitution. The recognition in Spain of a filiation attributed by replaced gestation does not provoke a problem of «applicable law to the filiation», but a question of juridical effects in Spain of a foreign resolution». It is a question actually of a question of «extraterritorial validity of decisions» (foreigners) in Spain. For it the Instruction of the DGRN of October 5, 2010 establishes the conditions for the access to the civil Spanish Record of a filiation for substitution attributed abroad. The requirement of which the attribution of filiation should be based on a previous judicial resolution has his foundation in the forecast contained in the article 10.3 of the Law 14/2006 of May 26, 2006 on technologies of assisted reproduction.