Madrid, Spain – In a decisive move set to reshape how Spanish citizens register children born abroad through surrogacy, the Spanish government has announced a sweeping ban on its embassies and consulates from processing such registrations. The new rules will take effect on Thursday.
Embassies Barred from Registering Surrogate Births
All pending applications for the registration of children born via surrogacy will be cancelled under the new legislation.
From now on, Spanish diplomats are strictly prohibited from accepting foreign-issued documents that identify Spanish nationals as legal parents of babies born through surrogacy arrangements abroad.
The change reflects a hardening stance from Spain’s left-wing coalition. The Prime Minister, Pedro Sánchez, and his government argue that surrogacy is inherently exploitative.
Their position is backed by a landmark 2023 ruling from Spain’s Supreme Court, which stated that such practices “attack the moral integrity of the pregnant woman” and reduce children to “mere commodities.”
A Pan-European Issue
Spain’s move aligns with growing resistance to surrogacy across several EU nations. While the practice is banned domestically in many member states, citizens have long circumvented these restrictions by seeking surrogacy services abroad.
Once the child is born, they typically secure legal parenthood through foreign courts — a workaround now being firmly shut down.
Even traditionally divided political factions have found common ground on this issue. Both far-left and far-right parties in Spain support a tougher stance on surrogacy, united by ethical concerns over the practice.
Comparative Crackdowns: Italy’s Example
Elsewhere in Europe, Italy has already taken stringent steps against surrogacy. Prime Minister Giorgia Meloni, leading a right-wing government, has framed surrogacy as part of a broader crackdown on LGBTQ+ rights.
In 2023, Meloni’s administration instructed Italian city councils to register only biological parents on birth certificates. Later, it criminalised the act of travelling abroad for the purpose of engaging in surrogacy — a move that had a chilling effect, especially on same-sex couples who are barred from adoption within Italy.
Changing the Legal Path in Spain
Spain outlawed surrogacy in 2006. However, until recently, Spanish citizens had managed to bypass the prohibition by presenting foreign court rulings. These rulings had previously been sufficient for diplomats to register surrogate-born children in the Spanish Civil Registry.
That loophole was officially closed last December when Spain’s top court declared the practice illegal.
Under the new guidelines, a child born via surrogacy overseas will not be considered for registration until they physically arrive in Spain. Even then, only the biological parent — typically the father — may be recognised initially.
The non-biological partner will need to go through formal adoption procedures, pending the surrogate mother’s legal renouncement of parental rights.
The Spanish government has long maintained its opposition to surrogacy on feminist grounds. In its 2023 update to the national abortion law, surrogacy was categorised as a form of gender-based violence.
This latest step is part of a broader legislative agenda. A forthcoming human trafficking bill is expected to further entrench the ban, tying surrogacy more explicitly to exploitation and coercion.
Spain is drawing a firm line in the sand on surrogacy. The government’s new embassy ban signals a shift from passive disapproval to active legal obstruction. As public sentiment and judicial rulings converge, the country is taking a harder stance on a practice it increasingly views as unethical, regardless of borders.
