Updated November 2025
Quick Summary
Spanish surrogacy laws and new privacy rules in the European Union have created serious obstacles for intended parents. Families who pursued international surrogacy are now facing roadblocks that prevent them from bringing their newborns home. Egg Donor & Surrogacy Institute (EDSI) explains why this is happening and how California offers a predictable and ethical path that avoids these problems.
What Is Happening Right Now
Spain bans commercial surrogacy and recognizes the woman who gives birth as the legal mother. New privacy rules in the European Union now restrict the sharing of genetic data, which blocks many Spanish families from proving biological parentage abroad. This combination leaves some parents unable to obtain citizenship or passports for their newborns.
Why Surrogacy Laws in Spain Are So Restrictive
Spain’s Assisted Reproduction Act allows medical treatment through assisted reproduction but prohibits commercial surrogacy. Egg donation is allowed, yet donors must remain anonymous and cannot receive payment. These rules remove the personal connection that motivates donors and make any surrogacy agreement unenforceable. The law identifies the gestational carrier as the legal mother regardless of genetics. This leaves intended parents and gestational carriers with no legal protection and creates uncertainty for anyone attempting to build a family through surrogacy.
How Spanish Families Try to Navigate the Law
Spanish families have attempted various workarounds.
• Some heterosexual couples rely on adoption. The biological father can establish his parental relationship, and the intended mother adopts the child after birth.
• Same sex couples and single parents face more difficulty. Spain recognizes two mothers only when one provides the egg and the other carries the pregnancy. When a surrogate carries the child, only the gestational carrier is recognized.
• Parents have tried informal arrangements abroad, but these have no legal force in Spain.
These gaps create emotional and logistical stress for families who believed they were following a safe and accepted path.
Why Families Choose California Surrogacy Instead
California has one of the most transparent and supportive legal systems for surrogacy in the world. Intended parents—both domestic and international—can establish parental rights before the baby is born, ensuring there are no questions about parentage at delivery.
Through the Egg Donor & Surrogacy Institute (EDSI), parents gain:
- Legally protected surrogacy contracts
- Early court orders confirming parentage
- Access to top fertility clinics and legal counsel
- Compassionate support from a trusted, experienced team
For international parents, California’s surrogacy system eliminates the uncertainty that families in Spain and across Europe are currently facing.
How European Union Privacy Rules Create a New Block
A new challenge has emerged through privacy rules in the European Union. These rules limit the ability to share genetic information with authorities outside the region. For Spanish families who pursued surrogacy in countries such as Ukraine, the inability to provide genetic confirmation means they cannot complete the paperwork needed for citizenship or travel documents. Reports indicate that more than thirty Spanish families have been unable to bring their newborns home because they cannot present the required evidence.
For reference only, see:
• Official GDPR summary through the European Commission
• Official text of the Spanish Assisted Reproduction Act
These references strengthen authority without offering legal advice.
Why Families Turn to California Surrogacy Instead
California remains one of the most supportive and transparent locations for surrogacy. Intended parents can obtain a pre birth parentage order that confirms their parental status before delivery. This removes uncertainty at the hospital and avoids the legal complications seen in Europe.
Through Egg Donor and Surrogacy Institute parents receive:
• Enforceable surrogacy contracts
• Early court orders confirming parentage
• Access to leading fertility clinics and experienced reproductive attorneys
• Guidance from a team that works with international families daily
• Trusted and secure escrow management provided through SeedTrust
This structure provides clarity for families who would otherwise face unpredictable or inconsistent rules in Europe.
Example Case Scenario
Consider a Spanish couple who completed an international surrogacy journey in Eastern Europe. After the birth, they could not obtain a passport for their newborn because they were asked to provide genetic information that they were no longer permitted to share under privacy rules in the European Union. The family remained separated for months while facing unclear guidance from authorities.
When they later pursued a second journey in California, they received a pre birth parentage order, full legal clarity at delivery, and a smooth process for securing travel documents. The predictability of the California system removed the uncertainty they faced the first time.
Frequently Asked Questions
Spain prohibits commercial surrogacy and requires egg donor anonymity, which eliminates the possibility of a legally binding agreement. The gestational carrier is always recognized as the legal mother.
New privacy rules in the European Union prevent families from sharing genetic information needed to verify biological parentage, which is required for citizenship and passport applications.
Yes. Egg Donor & Surrogacy Institute (EDSI) regularly works with families from Spain and offers a clear legal structure that establishes parentage before birth.
Recognition is inconsistent. Some countries accept foreign surrogacy arrangements, while others such as Spain do not.
California courts issue pre birth parentage orders so parental rights are established before delivery.
About the Author
Parham Zar is the Managing Director of Egg Donor and Surrogacy Institute (EDSI) in Beverly Hills. With more than twenty years of experience guiding international families from regions such as Spain, he is known for his expertise in ethical surrogacy, global family building, and coordination with reproductive attorneys. His work focuses on creating safe and predictable journeys for intended parents and surrogates.
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