Surrogacy in Spain. Is it really forbidden?

Abstract

Surrogacy contracts are declared to be null and void in Spain by Law 14/2006, but this rule does not prevent the access to this practice in countries having accepted it from a substantive point of view. Spaniards are travelling abroad to satisfy their desire to become parents through surrogacy and this reality has generated problems that the authorities have had to deal with in the absence of a legal regime covering cross-border cases. The existing administrative doctrine and the case law of Spanish courts, including the Supreme Court and the Constitutional Court, have not provided for uniform criteria for addressing situations that are being granted efficacy in Spain while at the same time are raising serious human rights concerns. The purpose of this paper is to examine the current situation in this matter, with the main objective of answering this question: Is surrogacy really forbidden in Spain?