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Workgroup

Surrogacy

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Why?

Fide and the Garrigues Foundation, have convened professionals from different backgrounds, jurists, doctors, academics, to this Working Group, with the aim of drawing up an informed and consensual proposal for the regulation to be developed in our country on this matter.

Publications

imagen Proposed reform of the Spanish regulation on registration of filiation relationships established abroad through surrogacy

Proposal to reform the Spanish regulation on registration of filiation relationships established abroad through surrogacy

The Working Group constituted by the Foundation Fide and the Garrigues Foundation, have met from April 2017 to February 2018, in four work sessions, in which they analysed, among others, issues related to the registration of filiation relationships established abroad through surrogacy.

The primary objective with which this Working Group has been convened, from civil society, is to provide a solution to specific situations created. Having reached sufficient consensus to propose this reform helps us to propose an open debate in the future in the face of an international situation in profound transformation. It should be noted that respect for the best interests of the minor, as it is defined in the European and conventional instruments in force in Spain, is the axis on which this reform proposal is structured.

See Conclusions

1.- The limitation of the reform to the registration of affiliation relationships constituted
abroad.
2.- The current regulations in Spain.
3.- The position of the Spanish authorities to date: the opposing view of the Supreme Court and the
DGRN on the public order clause game.
4.- The position of the ECHR.

4.1.- The Mennesson and Labassee Judgments.
4.2.- The Foulon and Bouvet and Laborie Judgments.
4.3.- Reference to the Paradiso Judgment.

5.- The incidence of the jurisprudence of the ECHR in the Spanish legal system.

5.1.- Any restriction on the registration of filiation relationships established in the
foreigner through surrogacy must be "provided for by law".
5.2.- The guidelines within which the reform must be carried out.

6. The specific content of the reform: the new article 101 LRC.

Have participated in this working group: 

  • José Manuel Caamaño López, Director of the Francisco José Ayala Chair of Science, Technology and Religion, Comillas Pontifical University
  • Asier Crespo, Legal Director of Microsoft Ibérica
  • Jesús de la Morena Olías, Director of the Garrigues Foundation
  • Pablo de Lora Deltoro, Professor of Philosophy of Law, Autonomous University of Madrid
  • Federico de Montalvo Jääskeläinen, Associate Professor of Constitutional Law, Comillas Pontifical University (ICADE).
  • Ibán Díez López, Partner at Menta Abogados
  • Carlos Espósito, Professor of Public International Law, Autonomous University of Madrid
  • María Teresa Fernández de La Vega, President of the Council of State
  • Ana Fernández-Tresguerres García, Notary Public of Madrid, Lawyer Attached to the DGRN. Surplus register
  • Antonio García Paredes, Magistrate of the Provincial Court of Madrid
  • Cristina González Beilfuss, Professor of Private International Law, University of Barcelona
  • Iván Heredia Cervantes, Professor of Private International Law at the Autonomous University of Madrid
  • Eduardo López-Collazo, Scientific Director, IdiPAZ
  • Javier Marqueta Sobrino, Representative of the ethics interest group of the Spanish Fertility Society. Medical Director, Reproductive Medicine Unit, IVI Clinic in Mallorca
  • Irene Matarranz Pascual, Reproduction Coordinator, Guadalajara University Hospital. Professor, University of Alcalá
  • Ignacio Palomo, Director of Medical Harp and Ginexlab, President of the Doctor Ignacio Palomo Álvarez Foundation
  • Alma María Rodríguez Guitián, Professor of Civil Law, Autonomous University of Madrid
  • Antonio Salas Carceller, Magistrate of the Civil Chamber, Supreme Court; Antonio Vila-Coro, Vice President of the Association Son Nuestro Hijos.

 

All the people who have participated in this working group of Fide, have done so in a personal capacity and not on behalf of the entities, offices, Universities or companies, where they carry out their professional work, so these conclusions do not reflect and do not include institutional positions but rather particular ones of each one of the members of the group.

Eco in press

Group Directors

Antonio Garrigues-Walker

President of the Garrigues Foundation.

Cristina Jimenez

President. Foundress.

Pedro Garcia Barreno

Honorary professor at the Complutense University. Doctor of Medicine, specialty: Surgery. Member of the Royal Academies: Spanish, of Exact, Physical and Natural Sciences, of Doctors of Spain, and of the Academia Scientiarum et Artium Europaea. Honorary Member, European Superior Council of Doctors. Co-director of the "Science and Law Dialogues" and Member of the Academic Council of FIDE.
Academic coordination: Victory Dal Lago Demi
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