A Spanish court has officially recognized the biological father of a girl born through surrogacy in Mexico. This decision came after the Murcia Court of Appeal overturned a previous rejection by a provincial court due to a procedural issue. The father provided DNA test results confirming his genetic link to the child.
In Spain, surrogacy contracts are not permitted. However, if a person has a biological connection to a child, they can request legal recognition of their paternity. According to Spanish law, specifically law number 14 from May 26, 2006, any contract for surrogacy is automatically considered invalid. Yet, there is an exception that allows biological fathers to claim paternity under general legal rules.
The Supreme Court of Spain had previously ruled on similar cases, stating that biological paternity claims and adoption procedures are valid ways to recognize parental rights for children born through surrogacy abroad. This aligns with the European Court of Human Rights, which emphasizes the need for states to acknowledge the parental rights of intended parents when there is a genetic link to the child, as well as to protect the child’s best interests when a family life exists.
The decision from the Murcia Court of Appeal is supported by a ruling from the European Court of Human Rights, which called on France to legally recognize the paternity of a man regarding his biological son born through surrogacy in France. This ruling was based on the right to respect for private and family life as stated in the European Convention on Human Rights.
In light of Spanish law, the Supreme Court’s previous rulings, and the European Court’s decisions, the Murcia Court has decided to recognize the biological father’s claim to paternity. However, this ruling can still be challenged in a higher court.
This article has been translated and simplified by artificial intelligence from a French article “Un tribunal espagnol reconnaît la paternité d’un enfant né au Mexique par gestation pour autrui”
It may therefore contain errors. The French version is the reference version..