The regulatory evolution of the civil registry recording of the filiation of minors born through surrogacy and the current Instruction issued by the DGSJFP on April 28, 2025

Abstract

The Instruction of April 28, 2025, issued by the Directorate-General for Legal Security and Public Faith, has updated the registry regime of parentage derived from births through surrogacy agreements, expressly repealing the Instructions of 2010 and 2019. This Resolution rejects, as a valid title for the registration in the Civil Registry of the birth and parentage of children born through surrogacy, a foreign registry certificate, a simple declaration accompanied by a medical certificate concerning the child’s birth, or a final judgment issued by the judicial authorities of the relevant country. Likewise, all pending registration applications as of the date of publication are denied, and the only admissible route for the recognition of parentage is through Spanish judicial proceedings, based on the biological parentage of the Spanish progenitor and subsequent adoption or foster care, provided that a stable family unit with adequate safeguards is proven. This measure is grounded in the protection of public order, the rights of the child, and the dignity of the surrogate mother. In this article, we will analyze the legislative background of the registration of children born through surrogacy in Spain, as well as the current procedure to be followed for the determination of their parentage with respect to the intended parents.