A directive issued by Spain’s Ministry of Justice, banning Spanish embassies and consulates from registering the births of children born via surrogacy abroad, went into effect on Thursday, May 1st, 2025.
The ban instructs consular offices to stop recording these births in Spain’s civil registry even when the children were born through legally valid surrogacy arrangements in other countries.
For more information, you can read the full news article on Politico.
The announcement has ignited concern among intended parents throughout Europe, many of whom now face the risk of shifting legal ground mid-surrogacy journey—raising urgent questions about parenthood recognition, child citizenship, and cross-border reproductive rights.
Is Surrogacy Legal in Spain?
Surrogacy laws in Spain are among the most restrictive in Europe. Under the Spanish Civil Code, all surrogacy agreements whether altruistic or commercial are considered legally void.
The law only recognizes the woman who gives birth to the child as the legal mother, regardless of biological connection or intent.
Intended parents who pursue surrogacy abroad may face serious challenges upon returning to Spain, including denied recognition of legal parenthood and difficulty registering the child in civil records.
These legal hurdles highlight the lack of support within Spain’s legal framework for families built through surrogacy, even when arrangements are completed lawfully in another country.
Why Spain Recently Banned Embassy Registration of Surrogate Births
A major shift in surrogacy laws in Spain came in early 2024, when the Ministry of Justice issued a directive barring Spanish embassies and consulates from registering births of children born via surrogacy abroad.
This policy change effectively prevents Spanish intended parents from securing Spanish nationality or documentation for their children born through international surrogacy.
Authorities cited legal and ethical concerns, noting that surrogacy agreements undermine the dignity of women and children. The new directive reflects Spain’s firm legal stance against recognizing surrogacy, even when the practice is legal in the country where the birth occurred.
Surrogacy Restrictions Expanding Across Europe
Spain isn’t alone. Italy and Greece have also taken recent steps to restrict surrogacy, both domestically and for citizens who pursue it abroad.
In Italy, the government has proposed criminal penalties for anyone participating in surrogacy overseas, including intended parents—one of the strictest positions in Europe.
Greece, long seen as a destination for affordable surrogacy, recently passed reforms banning surrogacy for single men and men in same-sex relationships.
These developments suggest a regional trend: Europe is moving toward greater legal resistance to surrogacy, raising the risks for international families.
Why International Surrogacy Is Becoming Riskier
For many hopeful parents, international surrogacy may seem like an affordable and accessible path to building a family.
However, surrogacy laws in Spain and other countries across Europe demonstrate how quickly legal environments can change and why caution is essential.
Several countries that once permitted or tolerated cross-border surrogacy are now tightening regulations, limiting parental recognition, or even banning key administrative processes, like birth registration at embassies.
If your chosen destination changes its laws mid-process as Spain recently did—you may face serious setbacks, such as delays in establishing legal parenthood, issues with your child’s nationality or difficulty bringing your baby home.
This evolving legal landscape can cause emotional and financial stress for families caught in the crossfire.
How U.S. Surrogacy Offers a More Predictable Legal Framework
In contrast to the shifting laws abroad, surrogacy in the United States remains highly structured and legally consistent. Many U.S. states offer well-established protections for intended parents, surrogates and children.
Pre-birth orders, licensed surrogacy agencies and experienced legal counsel help ensure that your parental rights are recognized and protected from the start.
For international families, this legal reliability offers peace of mind and a smoother path to parenthood.
Thinking Surrogacy Abroad Might Be Cheaper? Consider the Risks.
It’s true that surrogacy in some countries may appear more affordable at first glance. But lower upfront costs can come with greater long-term risks. In countries without strict regulatory frameworks, you may encounter:
- Unvetted or unregulated agencies
- Lack of surrogate screening or legal protections
- Disputes over parentage or contract enforcement
- Unexpected costs tied to legal battles, travel, or extended stays abroad
Without the oversight found in U.S. programs, families may end up spending more to resolve legal, logistical or medical complications.
Choosing a country with a strong legal foundation like the United States can help minimize these risks and protect your investment, your family and your peace of mind.
How U.S. Surrogacy Agencies Can Support Intended Parents Domestically and Abroad
At American Surrogacy, we know that choosing surrogacy, especially across borders, is a major decision. Whether you’re located in the United States or overseas, our agency provides the stability, legal protection and flexibility that families need at every step.
- Short Wait Times: We match intended parents with a surrogate within an average of 1–6 months. Every surrogate in our network is thoroughly prescreened through a rigorous process that minimizes risks, saving you time and money.
- Budget Protection: We offer transparent costs and flexible programs, such as our Limited Risk program that provides financial protection if a match falls through
Our International Program for Intended Parents Abroad
Given the unpredictable nature of surrogacy laws abroad, as demonstrated by the recent changes in surrogacy laws in Spain and Greece, many intended parents are turning to international surrogacy programs with stronger legal frameworks.
Our programs offer comprehensive support for intended parents who wish to pursue surrogacy in the U.S. from the following countries:
- Canada
- England
- France
- Germany
- Ireland
Our team provides end-to-end guidance for intended parents abroad pursuing surrogacy in the U.S., including consistent communication, legal coordination and assisting with ensuring you and your baby have a safe and simple return home.
If you reside in any of the countries listed above and are interested in pursuing surrogacy in the U.S., learn more about our international program.
Choose Stability with American Surrogacy
As surrogacy laws in countries like Spain, Italy and Greece continue to shift, many intended parents face growing uncertainty and legal risk.
In contrast, the United States offers a stable and inclusive legal environment that upholds the rights of both intended parents and surrogates.
This reliability allows American Surrogacy to confidently guide families through every step of the journey complying with each state’s specific legal requirements while offering personalized, compassionate support.
Your path to parenthood shouldn’t be left to chance. Reach out today to learn how we protect your rights and ensure a smooth, secure surrogacy experience.