Surrogacy in Spain for Single Parents: Legal Framework and Options Abroad

Surrogacy is a life-changing process for many people, allowing individuals and couples to build families when they may not otherwise be able to. In Spain, however, surrogacy is heavily regulated and not legally recognized for single parents. Although the country has progressive laws for many family-building practices, solo surrogacy remains a complex issue for single individuals wanting to pursue this path.

This article explores the legal challenges surrounding surrogacy in Spain for single parents, the reasons behind the restrictive laws, and the best international destinations where single individuals can legally and ethically pursue surrogacy.

Is Surrogacy Legal for Single Parents in Spain?

In Spain, surrogacy is not an option for any prospective parents, including single individuals. The Spanish legal system explicitly prohibits surrogacy arrangements, both commercial and altruistic, and denies any legal recognition of contracts made between intended parents and surrogates. Moreover, Spanish law does not recognize the right of a single individual to become a parent via surrogacy, even if they are genetically related to the child.

Key Legal Restrictions for Single Parents

1. Surrogacy Is Prohibited – Surrogacy agreements, whether altruistic or commercial, are not valid in Spain. The law requires that the woman who gives birth is considered the legal mother, irrespective of genetic connection.
2. No Legal Framework for Solo Surrogacy – Spain’s family laws are focused on traditional two-parent models, and there are no provisions for single parents looking to have a child via surrogacy.
3. Complicated Parentage Recognition – Even if a Spanish single parent chooses surrogacy abroad, they may encounter legal challenges when it comes to recognizing their parental rights and obtaining legal documentation.

These legal barriers create significant challenges for single parents who wish to expand their family through surrogacy.

Challenges Faced by Single Parents in Spain Seeking Surrogacy

For single individuals in Spain, the challenges of pursuing surrogacy extend beyond the legal restrictions of the country. Some of the most significant obstacles include:

1. Legal Recognition of Parentage

If a single Spanish parent pursues surrogacy in another country, they may face hurdles in securing legal recognition of parentage. Since Spain does not recognize surrogacy arrangements, intended parents often have to undergo a lengthy and costly legal process to have their parental rights acknowledged in Spain.

2. High Costs of Surrogacy Abroad

Surrogacy abroad can be expensive, especially when factoring in legal fees, medical treatments, and the travel costs of handling international procedures. The cost of surrogacy in some countries can range from €60,000 to over €100,000, which can be a financial strain for single parents.

3. Immigration and Citizenship Issues

After the child is born, securing the child’s citizenship and travel documents can be an additional complication. Parents must ensure that the country they choose for surrogacy has clear immigration and nationality laws, and that they have the proper documentation to bring their child back to Spain.

4. Emotional and Logistical Challenges

Single parents may face emotional challenges in navigating the surrogacy journey alone. Without a partner to share the experience, the journey can feel isolating. Additionally, the logistical challenges of traveling for surrogacy, medical appointments, and legal procedures can add stress to an already complicated process.

Best International Destinations for Single Parents Seeking Surrogacy

Given the legal restrictions in Spain, many single parents turn to international surrogacy destinations that are more open and supportive of solo parents. Below are the best countries for single parents to pursue surrogacy:

1. United States

• Legally Supportive for Single Parents: In many states, surrogacy laws are favorable for single parents, with the ability to obtain legal parental rights before birth.
• Comprehensive Medical Services: U.S. clinics offer advanced fertility treatments, comprehensive surrogate screening, and support throughout the process.
• Costs: €120,000 to €180,000, depending on the state and agency.

2. Canada

• Altruistic Surrogacy: Surrogacy in Canada is altruistic, meaning surrogates can only be reimbursed for medical and legal expenses, making the process more affordable than in many other countries.
• Legal Protections: Canada has clear laws protecting the parental rights of intended parents, including single individuals.
• Costs: €80,000 to €120,000.

3. Ukraine

• Affordable and Legally Recognized: Ukraine offers affordable surrogacy options and a clear legal process for single parents.
• LGBTQ+ and Solo-Friendly: Ukraine recognizes the parental rights of single parents and LGBTQ+ couples.
• Costs: €50,000 to €80,000.

4. Georgia

• Legal and Affordable: Georgia is known for its friendly surrogacy laws, affordable costs, and clear regulations that protect the rights of intended parents.
• Solo Parent-Friendly: Single parents, including those from Spain, can pursue surrogacy here with minimal legal complications.
• Costs: €45,000 to €70,000.

5. Greece

• Surrogacy for Single Women: Greece is one of the few European countries where single women can pursue surrogacy legally.
• Legal Process: The legal system ensures that the parental rights of single parents are upheld, making it a reliable option for solo surrogacy.
• Costs: €50,000 to €90,000.

Each of these countries offers clear legal protections for single parents, along with supportive and ethical surrogacy programs.

Conclusion

While surrogacy in Spain is not an option for single parents due to restrictive laws, many international destinations provide safe, legal, and affordable alternatives. Countries like the United States, Canada, Ukraine, and Greece offer strong legal frameworks, medical expertise, and a supportive environment for solo individuals pursuing parenthood.

Single parents from Spain can find the path to their dream of parenthood abroad, ensuring a secure, legal, and fulfilling surrogacy journey. By choosing a destination with favorable laws and working with experienced agencies, single individuals can overcome legal hurdles and begin their families through surrogacy.