Spanish justice consolidates its rejection of rent bellies

The Supreme Court of Spain consolidates its jurisprudence contrary to the practice of rental bellies in a new sentence that rejects the claim of a Spaniard to eliminate the maternal affiliation of the woman hired in Mexico to gestate two girls.

The subrogated gestation contract was signed between a Spanish citizen and a Mexican woman resident in the state of Tabasco (Mexico), who accepted the implementation of several fertilized other embryos with genetic material from the male through assisted reproduction techniques.

The contract specified that, having not contributed genetic material, the woman “was not the legal, legal or biological mother of the baby or babies that could be born” and that “renounced the parental authority and the exercise of the guard and custody over the born, which would correspond exclusively to the father.”

The two sisters born were registered in the Civil Registry of the State of Tabasco with the father’s last names, “the only parent that appeared in the birth inscriptions.”

The registration of girls in the same terms was denied in the consulate of Spain, so he decided to register them together with the woman hired for gestation, so that the last names of both figures.

Upon returning to Spain, the father decided to judicially challenge that record so that “it would be declared that the woman who gave birth is not the mother of the minors and the surname of the pregnant mother” was retiring, replacing him with the second paternal surname.

In its dismissal, the Civil Chamber of the Supreme Court states that “the interest of the minor cannot be confused with the interest of the Committee Father” and emphasizes that the rental belly contract is “manifestly contrary to our public order”, as well as the registration of girls in Mexico.

The Court bases its decision, among other reasons, on which this procedure “reasses the minors making them a simple merchandise, object of a contract that aims to set its affiliation based on the payment of a price to a woman, which usually acts impelled by a state of pressing necessity, which is submitted to the risks associated with an assisted reproduction treatment and that renounces the rights that as a pregnant mother should correspond to it, minors of that relationship of maternal affiliation as well as his right to meet his mother. ”

The sentence also points out that “it lacks transcendence that the pregnant mother had not contributed her ovules for gestation because that data is irrelevant to Spanish legislation, in which the non -adoptive maternal affiliation is set by childbirth, without having transcendence who contributed the ovule.”