Surrogacy is an assisted reproduction process in which a woman carries an embryo conceived by another couple or person in her uterus, and gestates it until the birth of the baby. The woman carrying the baby is called a “surrogate mother” or “surrogate mother,” and the couple or person who provides the genetic material is known as the “biological parent.”
There are two types of surrogacy: traditional surrogacy and gestational surrogacy.
In traditional surrogacy, the surrogate mother provides her own eggs and is fertilized with the sperm of the biological father or a sperm donor. Therefore, the surrogate mother is biologically the mother of the baby to be born.
In gestational surrogacy, the surrogate carries in her uterus an embryo that has been created by in vitro fertilization (IVF) using the eggs of a donor or the biological mother, and the sperm of the biological father or a donor of sperm. In this case, the surrogate mother is not biologically the mother of the unborn baby.
Surrogacy is a legal process in some countries and states in the United States, while in others it is prohibited or limited by law. It is a controversial subject that raises many ethical, moral and legal debates.
In Spain, surrogacy is not legally permitted or regulated. The Assisted Reproduction Law of 2006 expressly prohibits this practice, and establishes that assisted reproduction techniques can only be used in heterosexual couples in which both members are infertile or sterile, or in those in which there is a risk of transmission of serious genetic diseases.
Therefore, surrogacy in Spain is considered illegal, and people who decide to resort to it may face criminal penalties. In addition, the Spanish government does not recognize children born by surrogacy abroad as Spanish citizens, although it does grant them the right to obtain Spanish nationality if at least one of the biological parents is Spanish.
