ACTUALIDAD DE LA GESTACIÓN POR SUSTITUCIÓN EN NUESTRO ORDENAMIENTO JURÍDICO. INSCRIPCIÓN DE LOS HIJOS NACIDOS EN EL EXTRANJERO MEDIANTE DICHA TÉCNICA.

Abstract

By the imperative mandate given in Act 14/2006 of 26 May on assisted human reproduction techniques, the position of our legislation is clear. Our laws state, even in the earlier Act of 1988, that surrogate motherhood is not legally valid. Nevertheless, because surrogate motherhood is accepted in other countries' laws, there arises the problem of how to register the birth of a child abroad gestated by a surrogate mother. The Directorate-General of Registries has decided that such births may be registered only if a judgment from a competent court declaring who the parents of the baby are is submitted with the registration application, in order to avoid any trafficking in children. The child's interest is always to be placed first, and that interest means the child has a right to a single identity.