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.