Surrogate bellies come to the fore once again. A few hours ago, the news was made public that the 68-year-old Spanish actress and presenter, Ana Obregón, has been the mother of a girl by surrogacy in Florida. In many countries, this practice is legal and regulated, but in others, such as Spain, it is not. For this reason, many questions have arisen about the legal aspects of this particular case, such as whether Obregón will be able to register her newborn in our country when he returns. We explain it to you.
The news. the exclusive it was given by the magazine Hello!in which it was mentioned that the actress, who lost his 27-year-old son in 2020 to cancer, has been a mother for the second time. Apparently, she has carried out the procedures for a surrogate pregnancy in Florida, USA, where she will stay for a few days before returning to Spain with her baby.
What is surrogacy? Known colloquially as “surrogacy,” it is a practice in which a woman goes through the entire pregnancy process and delivers a baby for someone else, relinquishing her legal rights when the baby is born. It can be partial or complete. In the first, the surrogate gives up her own eggs, being inseminated by sperm from a donor or from the interested man. In the second, the pregnant woman acts as a carrier, and the fertilized embryo comes from the future parents. This practice can be economic or altruistic. And that is what generates so much controversy in the world.
Is it legit? In many US states, yes. And where Obregón has carried out his process is in Florida, where the practice is allowed. In fact, the country’s legislation is one of the most lax regarding surrogates. As mentioned in this article from EL PAÍS, these are medical programs that cost between 110,000 and 185,000 euros and to which celebrities such as Kim and Khloé Kardashian or Cristiano Ronaldo have undergone. According to the specialized website surrogate.com, in Miami there are up to six agencies that carry out this type of business.
How does it work? In order to access these programs, there are a series of requirements that future mothers must meet, such as a physical and mental health exam or that they are not a regular drug or alcohol user. In addition, they must have permanent residence in the US and cannot receive any type of government financial aid. In this case, Obregón would not meet the residency requirement, but it does not seem to have been an inconvenience for him to continue with the process.
And in Spain? Here the surrogate procedure is illegal. This is stipulated in article 10 of Law 14/2006 on Human Reproduction Techniques: “The contract by which the gestation is agreed upon, with or without price, by a woman who renounces maternal affiliation shall be null and void. in favor of the contracting party or a third party.” In addition, the law understands that “the filiation of children born by surrogacy will be determined by delivery.”
That is why the only way to have someone else’s child in Spain is adoption. But here the laws only allow a child to be adopted when they are between 25 and 45. In addition, the age difference between parents and children must be greater than 16 years and less than 40. Therefore, for Obregón this alternative would have been impossible.
Can you register it here as well? One of the obstacles faced by those who access surrogacy in countries where it is legal is proving parentage when returning to Spain, where it is not. But it is quite easy through a court ruling thanks to an instruction approved in 2010 by the General Directorate of Registries and Notaries, approved in 2010. And the US and Canada issue these rulings, which are later recognized by the Spanish authorities to be able to register the newborn. Therefore, Obregón will be able to register his newborn.
The critics. A multitude of network users have expressed their disapproval, including the Spanish Government. The Minister for Equality, Irene Montero, has affirmed that these types of agreements are not legal in Spain, and has considered them a “form of violence against women”, emphasizing that it is a practice that takes advantage of the poor economic situation of pregnant women. The Minister of Finance, María Jesús Montero, has also criticized it and described it as “exploitation of the woman’s body.”
An excuse for the PP to reopen the debate. The PP has also added to the controversy, which has taken the opportunity to drop that they are willing to open a “calm and serious” debate to regulate this practice if there is no economic consideration. The blues consider that “commodification is absolutely execrable and any debate must start from the requirement not to commercialize it”, but that it would be “good” given that, although it is illegal here, there are Spaniards who do it in other countries and then try to register those children when they return to the national territory.
Image: Jose Ignacio Viseras (GTRES)
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