Legal insecurity arising from the insufficient regulation of surrogacy in Spain

Abstract

The current legal situation on surrogacy in Spain, prescribing that any agreement aimed at such process shall be declared null and void, does not prevent Spanish families from going abroad to fulfil their procreation will through this technique. The partial and changing legal mechanisms that have been implemented in our country to allow, in certain circumstances, the birth registration as well as the filiation of the child born abroad through surrogacy in favour of the intended parents, leads to a serious legal uncertainty and to a clear incongruence of our legislative framework. Thus, it is extremely necessary to create the appropriate institutions that may give response to the new stated needs and protect the personal interests affected.