Throughout the world there is no clear-cut legislation yet. Every country has its own set of legislation. For instance, surrogacy is only permitted in the altruistic sense in Canada, the United Kingdom, and Portugal, meaning the surrogate mother receives no direct financial advantage.
Commercial surrogacy is legal in some US states, and countries including India, Georgia, Russia and Ukraine. People who want to be parents may go abroad if their home country does not allow surrogacy, or if they cannot find a surrogate. However, even here, the laws may vary. There are countries like the UK where only altruistic surrogacy is admitted (meaning the surrogate mother receives no direct financial advantage), and commercial surrogacy is illegal and countries where even though surrogacy is illegal, it is not criminally sanctioned like France.
The legal, moral and ethical aspects related to surrogacy are a topic of discussion all over the world. While certain countries are allowing commercial surrogacy in all its aspects, other countries are forbidding it completely like Italy or Spain.
In Spain, surrogacy law has become a hot topic in recent years. Among political parties only Ciudadanos, the fourth largest presence in Congress, has committed to a position, which is to legally regulate altruistic surrogacy in Spain.
Whereas surrogacy is not legal in Spain (the biological mother’s renouncement contract is not legally valid), it is legal to perform the surrogacy in a country where it is legal, having the mother the nationality from that same country. So spanish citizens interested in working with a surrogate mother must travel outside of the country, and they will need to cooperate with centers or clinics who will help them with all the processes including legalization.
Should you have any questions about the legal side of the surrogacy process or other related to the topic, please, reach out to our team for a free consultation.