Bill to legalize and regulate surrogacy in Spain

Automatic summary, not yet reviewed

1. The bill would legalize surrogacy, always on an altruistic basis: the surrogate mother could only receive compensation to cover expenses and discomfort, never a payment for profit.
2. It sets requirements for the surrogate mother (over 25 and under an age to be set by regulation, good health, having already had a child, Spanish nationality or residence in Spain, no criminal record) and for the intended parents (aged 25 to 45, Spanish nationality or residence in Spain, and proven suitability).
3. The surrogacy contract must be submitted to the judicial authority before any assisted reproduction technique is applied, with minimum content set by law. The surrogate mother would have the right to independent legal advice and could end the process with no negative consequences for her.
4. Paternity or maternity of the child would belong to the intended parents: no legal parent-child relationship would ever be established between the surrogate mother and the child, and the intended parents could not challenge the parent-child relationship once the contract is formalized and the embryo transferred.
5. It creates a National Surrogacy Registry, attached to the National Donors Registry, where surrogate mothers (with annual renewal) and contracts must be registered. Registration is an essential requirement to take part.
6. Violations would be classified as minor, serious or very serious, with fines of up to €1,000 for minor ones and up to €1 million for very serious ones; in the most serious cases the center could be closed. It would also repeal Article 10 of Law 14/2006, which banned surrogacy.

Who it affects

• Women who want to act as surrogate mothers: They would have to register in the national registry, meet age, health and personal situation requirements, and could only receive compensation for expenses.
• People or couples who want to be intended parents: They would have to be 25 to 45 years old, have Spanish nationality or residence in Spain, have exhausted other assisted reproduction techniques, and sign a court-reviewed contract.
• Children born through surrogacy: The parent-child relationship would be established in favor of the intended parents, with no legal link to the surrogate mother, and the parents must take charge of the child right after birth.
• Health centers and services: They would need specific health authorization to perform surrogacy and could be fined or closed if they break the rules.

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 intended parents.

Progenitores subrogantes (intended parents)

The people who want to become parents through this technique, providing their own genetic material.

Compensación resarcitoria (expense compensation)

Money paid only to cover expenses and discomfort caused by the pregnancy, not as payment for the pregnancy itself.

Filiación (parent-child relationship)

The legal bond that determines who a person's parents are.

Transferencia embrionaria (embryo transfer)

Placing the embryo created through in vitro fertilization into the woman's uterus.

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