Yes, surrogacy is legal in Spain under strict conditions, primarily as a non-commercial arrangement. The Spanish Civil Code prohibits commercial surrogacy, permitting only altruistic surrogacy where no financial compensation is exchanged beyond reasonable expenses. The 2026 draft reform of the Assisted Reproduction Law aims to clarify parental rights, aligning with EU cross-border surrogacy rulings. Courts validate altruistic surrogacy agreements, but commercial surrogacy contracts are void and punishable under Article 221 of the Penal Code.
Key Regulations for Surrogacy in Spain
- Altruistic-only model: Surrogacy must be unpaid, with only documented expenses (e.g., medical, legal, or travel costs) reimbursable. Profit-driven arrangements are criminalized.
- Pre-birth judicial authorization: Courts must approve the surrogacy agreement before embryo transfer, verifying compliance with ethical and legal standards. The Fiscalía General del Estado oversees these proceedings.
- Maternal filiation rules: The surrogate mother is legally recognized as the child’s mother at birth. Intended parents must undergo adoption proceedings post-birth to establish parental rights, per Article 10 of the Assisted Reproduction Law.