For many couples who cannot have biological children , using a surrogate is an increasingly used option, despite the fact that it is still illegal in Spain. For this reason, future parents travel to countries like the United States , where this practice is possible.
In Spain, the legislation on assisted reproduction is one of the most advanced . However, the law maintains that the baby is the child of the woman who carries it, even if the gametes used for fertilization are from another couple. That is why the so-called reproductive tourism is an increasingly widespread practice .
There are agencies specialized in surrogacy or surrogacy that are in charge of looking for the most suitable pregnant mother for each case, they provide legal and psychological advice , as well as medical surveillance during pregnancy and childbirth. Everything is to fulfill the dream of starting a family .
What does it consist of
It is a process by which a woman offers her uterus to have embryos transferred from another couple, whether due to fertility or other problems, they decide to use this method to conceive a child . Once the child is born, the managing mothers renounce all rights and obligations over the babies in favor of the person or couple who assume legal paternity.
There are different reasons for resorting to surrogacy , such as: infertility in women who want to have children, risk pregnancies, single men or male homosexual couples who want to be parents.
Women pass controls to be able to be pregnant
Full rental belly : the woman who will be in charge of carrying the pregnancy to term will be the one who contributes the eggs, which will be fertilized by artificial insemination of the man who wishes to be a father or by anonymous donor. In this case, the pregnant woman contributes, in addition to the womb, a genetic load; and therefore she is the biological mother of the newborn.
Gestational surrogacy : the baby is the result of the fertilization of the ovum and the sperm of the couple who contract the surrogacy , they will be fertilized in vitro and the resulting embryos will be transferred to the woman in charge of the gestation. If any of the members of the couple were sterile, donors can always be used. The gestational woman has no relationship with the baby that is born .
Physical and legal custody of the children resulting from this procedure is immediately after delivery and the parents have full medical responsibility for the baby before and after the birth.
Couples or people who request surrogacy and women who make their womb available are subjected to emotional, psychological and physical examinations, so that both parties become aware of the contract that is established . This type of surrogacy is also known as surrogacy, surrogacy, or gestational surrogacy.
How does it work
In those countries where this practice is legal, there are specialized surrogacy agencies through which couples who wish to have children through a surrogate mother contact women willing to offer their womb. The agency is in charge of looking for the most suitable pregnant woman based on what each family needs .
The agency guarantees through a database that the women in charge of carrying the babies meet all the essential requirements , such as: they have no criminal record and have passed a medical and psychological evaluation. Sometimes, it is taken into account that they have a stable economic situation and that they are preferably mothers of at least two children. The recommended age of a pregnant woman would be between 25 and 35 years old .
In Spain this practice is illegal
Once the woman who will carry the babies that best suits each couple has been chosen, a meeting is facilitated between both parties in which, apart from establishing an initial contact, an agreement can begin to be determined on the different aspects concerning the pregnancy. Due to the sensitivity of this type of situation for both parties, it is advisable to have lawyers who serve as mediators, to avoid possible later disagreements. The figure of lawyers is also necessary for the drafting of private contracts with the surrogate and / or the donor, if any, and to carry out the legal representation of the future parents before the courts to claim the parentage sentence.
When the process begins, the agency will be in charge of supervising the pregnancy, and accompanying the pregnant woman on her visits to the gynecologist. It also helps future parents after childbirth with legal issues and documents necessary to bring babies to Spain.
Legal aspects
In Spain this practice is still illegal , so more and more Spanish families travel to countries where it is possible to have a child through a surrogate and later bring the baby to Spain. The Spanish law of 14/2006 on assisted reproduction techniques, specifies in article 10 that contracts with or without money involved, between a pregnant woman and a third party are void, and the filiation of children born in this way will be determined by delivery. The mother of the baby would be the one who gives birth to the newborn , regardless of whether the newborn was conceived with an egg from another woman.
However , the Ministry of Justice, through the General Directorate of Registries and Notaries, has issued instructions to register children born abroad in Spain as a result of a surrogacy contract (surrogacy), as long as they are present a judicial resolution of the country of origin that guarantees the legality of the process.
That is, to register children born by surrogacy abroad, two conditions must be met: that the country where the procedure is carried out has a law that regulates this practice, and that country issues a filiation sentence , where A judge certifies that the surrogate mother carries out this process freely (without coercion) and confirms that the paternity and maternity of the future baby belongs to the contracting parents. There are several countries where this practice is legal, but the United States is one of the few that meets both conditions to correctly register the child in Spain .