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Date Published: 23/04/2025

Spain moves to fully ban surrogacy

Surrogacy, which is “radically prohibited” in Spain, remains possible through a legal loophole the government now aims to close

At the beginning of last year, Spain drastically reformed its Family Law, and for the first time ever gave new rights to de facto couples, implemented longer leave periods for new mums and dads and extended aid to large and low-income families. What it didn’t touch on was surrogacy, a practice that is banned in Spain.

On the contrary, this month, the government is going even further to prohibit the practice so common in the rest of Europe.

On Tuesday April 22, Minister for Equality Ana Redondo announced that her department is collaborating with the Ministry of Justice to reinforce the existing ban on surrogacy in Spain and ensure it is enforced “to its ultimate consequences.”

“As you know, surrogacy is prohibited, radically prohibited in Spain, and we are working with justice to ensure that this prohibition is fully implemented in our country,” Ms Redondo said in statements to the media.

Though surrogacy is illegal in Spain, children born via the practice in other countries are currently allowed to be registered here. But now, the government plans to make it legally impossible to register these children in Spain.

Ms Redondo added that her department is preparing an “effective response” to the issue of surrogacy, one that is expected “even before” the regulation of the Trafficking Law is finalised.

“And I am convinced that in a very short time, I estimate this month, we will have a solution,” she said.

Funding the fight against gender violence

During the same meeting, regional leaders finalised the allocation of €180 million in funding to combat gender-based violence. Following several demands for more investment, a large chuck of this budget will go to Madrid, where the first centre dedicated to male victims of gender violence has just been opened.

Finally, Ms Redondo responded to the recent ruling by the UK Supreme Court linking the definition of woman to biological sex.

She stressed that equal treatment is “a requirement” under Spanish law: "I don't think any extrapolation is necessary; as I say, each legislation is different, and Spanish law protects and upholds the equal rights and freedoms of trans and LGBTI people," she said.

In other news: Spanish Court rules five-day family care leave doesn't end with hospital discharge

Image: Pexels

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