The problem of registration of births by gestational substitution contracts

Identifier:  TFG:566

Handle: https://hdl.handle.net/20.500.11797/TFG566

Authors:  Ávila Silva, Andrea

Abstract:
Under article 10 of Spanish Law on Human Assisted Reproduction Techniques surrogacy agreements have been declared null and void in the Spanish legal system. Many nationals to leave of your original country because the practice is null and they to go somewhere where the practice if it is legal, is interesting to see what this technique and see what situation these families are once come to Spain after making the contract in a foreign country if allowed, this is called reproductive tourism. There are a problem that arises when applying for registration of the child born using this technique in another State therefore i have analyzed the resolution of the DGRN this was issued in 2009 and also the Instruction of DGRN 2010 where explain the requirements needed to register in the Register Civil the babies born using this technique. We can also see the position adopted by the jurisprudence. Among the countries where the practice is permitted, I focused on the State of California, it is one of the states that performed the legal requirements demanded by Spain as shown in detail during the work. Currently the law of Register Civil is 1957, but the law 20/2011 is what will lead to the reform of the Law of Register Civil 1957, that in the near future will come into force. This law emphasizes in its international ambit where most of international regulation is concentrated in Title X. Finally I have reflected as it could be an agreement for a contract of this kind in the Spanish State if at any time it were to legalize the practice, reflecting the requirements that require both contractual parts.