# Legal stance on Surrogacy



## Andyroo (Feb 28, 2012)

Hi folks. I was wondering if there was anybody here with official Spanish legal background. I know surrogacy is illegal for the Spanish but I read its ok for non Spanish born people. 

If anyone could clarify that would be great thank you x


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## JulyB (Jul 18, 2011)

Interesting question! I should think that if you can arrange a passport for the child, the Spanish would legally consider it as they would an adoptee. I believe that (like in France) if you can do the surrogacy outside the country, it's pretty much overlooked - and as a non-citizen, you don't even have to wrangle Spanish documentation. 

It would be interesting to know more, if anyone has any pertinent information.


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## Andyroo (Feb 28, 2012)

To clarify, I am the surrogate not the intended patent


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## xabiaxica (Jun 23, 2009)

Andyroo said:


> To clarify, I am the surrogate not the intended patent


I can't imagine that the law is any different for non-Spanish citizens :confused2:

I think you really need proper legal advice on this


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## fergie (Oct 4, 2010)

If you had difficulty with the Spanish system, would it not be possible to try in the UK where it is legal as long as it is done through a legal agency?, then get the child a UK passport, after you had legally adopted it in the UK?
Advice from a Spanish lawyer as Xabiachica has said may be a good idea as well.

I have copied and pasted a couple of links about UK legal surrogacy and the info on getting a passport if needed, but this would also require more research.

How to get a passport if your child was adopted, born using a surrogate or born by assisted reproduction treatment : Directgov - Travel and transport

COTS - Surrogacy in the UK - FAQs


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## xabiaxica (Jun 23, 2009)

fergie said:


> If you had difficulty with the Spanish system, would it not be possible to try in the UK where it is legal as long as it is done through a legal agency?, then get the child a UK passport, after you had legally adopted it in the UK?
> Advice from a Spanish lawyer as Xabiachica has said may be a good idea as well.
> 
> I have copied and pasted a couple of links about UK legal surrogacy and the info on getting a passport if needed, but this would also require more research.
> ...


but she is planning to be the surrogate........ she won't be wanting to adopt it


although I guess she could maybe go to the UK for the birth...........


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## jonscorpio (Sep 24, 2013)

Hi there, I realise this is a bit late maybe, but we are a gay english couple living here is spain. At the moment we are trying to conceive a baby with an english surrogate living in the UK. We have taken legal advice and one of us will be the natural birth father, after 6 weeks, the surrogate gives up her parental rights and the other partner applies for parenthood, this process takes up to 9 months, but has never been refused. The process is the same for mixed or same sex families. Please feel free to contact me should you want to know any more and good luck. J x


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