This morning we woke up with the, to say the least, shocking news that Ana Obregón has become a mother again at the age of 68, this time by surrogacy. Of course, the opinions have not stopped and there are those who say that even Alessandro Lequio is against the system that the mother of his son has chosen to have a family again.
Beyond personal opinions and moral issues, we find the legal framework. And it is that, in Spain, surrogacy is illegal. This is the reason why Ana Obregón has gone to the United States to carry out this process. But what happens to her daughter in Spain? What is the procedure for the baby to be considered her legal daughter in our country?
Surrogacy in Spain
Surrogate pregnancy or, commonly known as “rental womb” consists of a process in which, by contract, a woman gestates a son or daughter – whose genetic load can vary, depending on the preferences and situation of the parties – and renounces the maternal affiliation of said son or daughter in favor of the contracting parties.
This process, which is only legal in a few countries in the world, is not legal in Spain. Article 10 of Law 14/2006 of May 26, on assisted human reproduction techniques states that “the contract will be null and void for which the surrogacy is agreed.
In Spain, therefore, if such a process were carried out, the legal mother would be the surrogate. This is why Spanish people who want to take advantage of this type of pregnancy do so in other countries where it is legal. The thing is, once that baby is born, What do you do to be your parents legally in Spain? How are they registered?
This is how Ana Obregón will have to register her daughter in the Spanish Civil Registry
Despite the fact that surrogacy is not legal in Spain, there is a procedure so that minors born abroad can be registered in the Spanish Civil Registry.
To do this, Ana Obregón – and anyone in her situation – will have to provide, together with the application for registration of the minor’s birth, a judicial decision that has been issued by a competent Court in which the filiation of the born is determined. That is to say, a document in which a judicial resolution dictates that Ana Obregón is the mother of that baby.
In Spain, it will be verified that this sentence meets the necessary requirements before finalizing the registration. The process is somewhat easier if it is done with a baby born in the United States since, in this country, this court ruling is provided.
Photos | GTree
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