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What it is

Bill to regulate surrogacy in Spain

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 3 July 2019. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Private member's bill regulating the right to surrogacy.

Source: Congreso de los Diputados, file 122/000015· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would regulate the right to surrogacy, understood as a pregnancy carried out by one woman on behalf of other people, called commissioning parents, always without profit and under conditions of freedom, equality and dignity.
  2. Surrogacy must be altruistic: the surrogate mother could only receive compensation to cover expenses and discomfort arising from the process, and the commissioning parents must take out insurance in her favor.
  3. The surrogate mother would have to meet requirements such as being at least 25 years old and below an age set by regulation, being in good physical and mental health, having given birth before at least once, legally residing in Spain and having no criminal record. She could also end the process within the cases allowed by law, with no negative consequences for her.
  4. The surrogacy contract would have to be filed with the judicial authority before any assisted reproduction technique is applied, with minimum content set by the bill, and it would not be allowed when there is a relationship of economic subordination between the parties.
  5. There would be no legal parent-child bond between the surrogate mother and the child, and the commissioning parents could not challenge the parent-child relationship once the contract is formalized and the embryo transfer has taken place.
  6. The bill would create a National Surrogacy Registry, where women who want to act as surrogates and the contracts must be registered, and it would set fines of up to one million euros for the most serious violations.

Who it affects

  • Women who want to act as surrogate mothers: They must register in the national registry, meet age, health and personal situation requirements, and can only receive compensation for expenses.
  • People or couples who want to be commissioning parents: They must be between 25 and 45 years old, live in Spain, have exhausted other reproduction techniques and take charge of the child right after birth.
  • Health centers and services: They need specific health authorization to perform surrogacy and can be fined or closed down.
  • Children born through surrogacy: The parent-child relationship would be established in favor of the commissioning parents, and the registry entry would not show data revealing the nature of the conception.

Words worth knowing

Gestación por sustitución (surrogacy)
When a woman agrees to become pregnant through assisted reproduction techniques to give birth to the child of another person or couple, the commissioning parents.
Progenitores subrogantes (commissioning parents)
The people who provide their genetic material and become parents through another woman's pregnancy.
Filiación (parent-child relationship)
The legal bond between a child and their parents.
Transferencia embrionaria (embryo transfer)
Placing an embryo into the surrogate mother's uterus.
Lucro cesante (lost earnings)
Money a person stops earning because they spend time on something, here on the pregnancy.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced3 July 2019Someone registers the text in the Congreso.
  2. Admitted11 July 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 5 official steps on a timeline
Jul 2019Aug 201911. 3 July 2019: Presentación22. 11 July 2019: Boletín Oficial de las Cortes Generales Publicación desde 11/07/2019 hasta 16/07/201933. 11 July 2019: Calificación44. 16 July 2019: Gobierno Contestación desde 16/07/2019 hasta 24/09/201955. 24 September 2019: Concluido - (Caducado) desde 24/09/2019 hasta 23/10/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.