Surrogacy in Spain - Surrogacy 365

Introduction

While surrogacy in Spain is not legally permitted, fortunately we have alternatives that allow intended parents to fulfill their dream of forming a family.

At Surrogacy 365 we have developed various protocols following recommendations from the leading medical societies specialized in fertility treatments, such as ESRHE (European Society of Human Reproduction and Embriology) and ASRM (American Society for Reproductive Medicine), among others.

We currently offer the possibility for you to start your treatment at your local clinic, without having to travel abroad. We have an International Embryo Transport service that takes care of transporting your genetic material to your destination so you can continue your assisted reproduction treatment with donors abroad.

Gestational Surrogacy

Unlike other countries such as United States or Ukraine, surrogacy is not permitted in our current legal system. Law 35/1988, of November 22, on assisted human reproduction techniques, provides in its art. 10: “1. Any contract whereby gestation, with or without payment, is agreed upon by a woman who renounces maternal affiliation in favor of the contracting party or a third party shall be null and void. 2. The affiliation of children born by surrogate gestation shall be determined by childbirth.” The possible paternity claim action with respect to the biological father is preserved, according to general rules.”
According to this provision, it is completely prohibited to carry out the surrogacy process, since the legal affiliation of the minor is directly linked to childbirth and not to genetic linkage. This means that if a contract is signed with another person to lend their womb and grow a baby inside, for legal purposes, even if a contract has been signed, it will not be valid and the legal mother will be her.
At this time, Spanish law does not offer a uniform response regarding the registration of affiliation of children born in this way. There is a diversity of positions between the General Directorate of Registries and Notaries and the Supreme Court that generates legal uncertainty for the affected parties, especially for the children.

Protocols of Action

Action Protocols starting the process in Spain.

1) Georgia Frozen Embryos

This alternative is for heterosexual couples who already have frozen embryos at their local clinic and wish to send them to Georgia to perform the transfer at the Tbilisi clinic to a Georgian surrogate + pregnancy and birth in Georgia.

2) Ukraine Frozen Embryos

This alternative is only for married heterosexual couples who already have frozen embryos at their local clinic and wish to send them to Ukraine to perform the transfer at Victoria Clinic to a Ukrainian Surrogate who will carry out the pregnancy and birth in Ukraine.

3) Czech Republic Frozen Embryos + Birth in Kiev

This alternative is for married heterosexual couples who already have frozen embryos at their local clinic and wish to send them to the Czech Republic to perform the embryo transfer there to a Ukrainian Surrogate, who then returns to Ukraine to carry the pregnancy until the baby’s birth in Kiev, Ukraine.

4) Czech Republic Frozen Embryos + Prague Birth

This alternative is for single men and gay couples who already have frozen embryos at their local clinic and wish to send them to the Czech Republic to perform the embryo transfer there to a Ukrainian Surrogate, who then returns to Ukraine to carry the pregnancy until month 7, when she returns to the Czech Republic to settle there until the baby’s birth date in Prague.

5) Cyprus frozen embryos + transfer to Ukraine SM + Birth in Prague

This alternative is for all family models who already have their embryos in their local clinic and wish to send them to Cyprus to perform the transfer at a Cyprus Clinic to a Ukrainian surrogate who will then return to Ukraine for the pregnancy until month 7 when she travels to the Czech Republic to arrange delivery there.

6) Canada Frozen Embryos + transfer to Canadian SM + Birth in Toronto

This alternative is for all family models who already have their embryos in their local clinic and wish to send them to Canada to perform the embryo transfer at a Canadian clinic and birth in Toronto.

7) USA Frozen Embryos + transfer to American SM + Birth in USA

This alternative is for all family models who already have their embryos in their local clinic and wish to send them to USA to perform the embryo transfer at an American clinic and birth in USA.

Reference Clinics

Instituto Marques

International Reference in Gynecology, Obstetrics and Assisted Reproduction.

www.institutomarques.com

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