Surrogacy, also known as renting a womb, is not a trivial issue in our legal system. Surrogacy has different legal treatments, so there are countries where it is prohibited, as is the case in Spain; others regulate it for certain situations and in other countries, such as India, it is legal.
In our country, it is regulated by Law 14/2006 on assisted human gambling data brazil reproduction techniques, and its article 10 refers to surrogacy.
Article 10.1 LTRHA: Any contract agreeing to gestation, with or without price, by a woman who renounces maternal affiliation in favor of the contracting party or a third partyshall be null and void .
In Spain, the birth of children by surrogate motherhood is not permitted. Furthermore, it is classified as a crime in the Penal Code in its article 221, with sentences of imprisonment of one to five years and special disqualification from exercising the right of parental authority, guardianship, curatorship or custody for a period of four to 10 years.
This is the legal situation in our country regarding surrogacy, which is why many Spanish citizens turn to other legal systems that allow for the possibility of becoming parents through a surrogate mother and subsequently requesting registration in their favour in the Spanish Civil Registry. This is a very controversial issue that has given rise to numerous pronouncements by the Courts and which in most cases appeals to the best interests of the child .
Set a precedent in the European Union and in July 2014 the Ministry of Justice issued an Instruction ordering Spanish Consulates to register children born through surrogacy.
Now the Supreme Court has gone a step further and recognises the right to maternity benefits in these cases.
Supreme Court ruling
Case history
These are two appeals for unification of doctrine in which the question is raised as to whether surrogacy is a protected situation for the purposes of maternity, adoption or foster care benefits.
The first appeal concerns a worker who has a child through a surrogacy contract. The child is registered in the Registry of the Spanish Consulate in Los Angeles.