Overview

• The Spanish Ministry of Justice has implemented a binding instruction prohibiting direct civil registration of children born abroad through surrogacy.
• As of May 1, 2025, registration is only allowed through biological filiation or adoption, aligning with the Supreme Court's December 2024 ruling nullifying surrogacy contracts.
• The measure aims to protect minors' best interests and prevent the commercialization of women and children, according to government statements.
• Families using surrogacy abroad must now navigate custody and adoption processes, raising concerns about delays and temporary suspension of children's rights.
• The new policy replaces the 2010 directive that allowed direct registration with foreign court orders, impacting approximately 154 children registered in 2024 under the previous system.