Post by account_disabled on Feb 22, 2024 10:29:43 GMT
Surrogacy contracts are null and void because they violate the fundamental rights of the surrogate woman and the gestated child. This has been declared by the Supreme Court in a ruling known today in which it concludes that recognition of the filiation relationship to the non-biological mother must be obtained through adoption. The plenary session of the Civil Chamber of the Supreme Court has thus resolved the Prosecutor's appeal against a decision of the Madrid Court that determined that a non-biological mother was the parent of a minor born in Mexico as a result of a gestation contract. by substitution. In Spain, the law does not expressly prohibit this practice , but considers the contracts null and void, despite which between 700 and 1,000 children are registered each year, according to the calculations of the association "They are our children", which demands legalization of this practice.
The High Court already established in 2013 that these contracts violate the rights of the surrogate mother and the child , but then it was the case of a baby registered in the registry of California (USA). Now it concludes that the contract "involves damage to the best interests of the minor and exploitation of women that are unacceptable." Both are treated as mere Costa Rica WhatsApp Number objects, not as people endowed with the dignity inherent to their condition as human beings and the fundamental rights inherent to that dignity. "Both are treated as mere objects, not as people endowed with the dignity inherent to their condition as human beings and the fundamental rights inherent to that dignity," the Supreme Court decides, which emphasizes that the recognition of the relationship of filiation to the mother non-biological must be obtained through adoption. That is, complying with the procedures that allow verifying the suitability of the principals to be recognized as holders of parental authority over the child.
Because, in the opinion of the Supreme Court, in this way the general interest of the minor is satisfied and an attempt is made to safeguard the fundamental rights of the surrogate mother and the minor, who would be "seriously harmed if the actions of the intermediation agencies in the gestation by surrogacy because they could assure their potential clients of the almost automatic recognition in Spain of the filiation resulting from the surrogacy contract". CRITICISM OF THE AGENCIES The court criticizes that these agencies act and advertise freely in Spain, going so far as to organize "fairs", despite the fact that Spanish law (specifically the Law on Assisted Human Reproduction Techniques) makes it clear that " the contract by which pregnancy is agreed , with or without price, by a woman who renounces maternal filiation in favor of the contracting party or a third party." Despite this, the reality is that these agencies operate normally and that "the child born abroad as a result of commercial surrogacy enters Spain and ends up stably integrated into a de facto family unit." The Supreme Court also warns that the law that regulates international adoptions requires, in order to validate them, that the processes do not violate public order and respect the general interest of the minor, and specifies among the reasons for invalidating them that they were not "informed and free or were obtained by payment or compensation.
The High Court already established in 2013 that these contracts violate the rights of the surrogate mother and the child , but then it was the case of a baby registered in the registry of California (USA). Now it concludes that the contract "involves damage to the best interests of the minor and exploitation of women that are unacceptable." Both are treated as mere Costa Rica WhatsApp Number objects, not as people endowed with the dignity inherent to their condition as human beings and the fundamental rights inherent to that dignity. "Both are treated as mere objects, not as people endowed with the dignity inherent to their condition as human beings and the fundamental rights inherent to that dignity," the Supreme Court decides, which emphasizes that the recognition of the relationship of filiation to the mother non-biological must be obtained through adoption. That is, complying with the procedures that allow verifying the suitability of the principals to be recognized as holders of parental authority over the child.
Because, in the opinion of the Supreme Court, in this way the general interest of the minor is satisfied and an attempt is made to safeguard the fundamental rights of the surrogate mother and the minor, who would be "seriously harmed if the actions of the intermediation agencies in the gestation by surrogacy because they could assure their potential clients of the almost automatic recognition in Spain of the filiation resulting from the surrogacy contract". CRITICISM OF THE AGENCIES The court criticizes that these agencies act and advertise freely in Spain, going so far as to organize "fairs", despite the fact that Spanish law (specifically the Law on Assisted Human Reproduction Techniques) makes it clear that " the contract by which pregnancy is agreed , with or without price, by a woman who renounces maternal filiation in favor of the contracting party or a third party." Despite this, the reality is that these agencies operate normally and that "the child born abroad as a result of commercial surrogacy enters Spain and ends up stably integrated into a de facto family unit." The Supreme Court also warns that the law that regulates international adoptions requires, in order to validate them, that the processes do not violate public order and respect the general interest of the minor, and specifies among the reasons for invalidating them that they were not "informed and free or were obtained by payment or compensation.