Spain prohibits the direct record of minors born by the abroad pregnancy

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The Spanish Ministry of Justice has issued new instructions Registration will be prohibited directly in the Spanish civil registry A The palace born outside the country through a tangible pregnancypractice It has been prohibited in Spain since 2006. The procedure, which will be published on Thursday in the official state newspaper (BOE), forces those who resort to this procedure to prove the biological association or the start of the adoption.

With this education, the government adapts national regulations with the last jurisprudence of the Supreme Court, which In 2024, the pregnancy contract was canceled under the title A judicial validity has been validated in the United States, on the pretext that this type of agreements violates human dignity and cannot be recognized in Spain because it contradicts public order.

The decision ends the current regulations that allow Registration of minors through foreign decisionsEven in countries where pregnancy is under a legal title. Only in 2023, 154 cases were registered in Spain through this mechanism, collected by official characters.

According to the local media, this amendment seeks Preventing Spanish citizens from avoiding national legislation Resorting to the stomachs of renting outside the country. The initiative responds to a A continuous claim from women’s organizations And defenders of childhood rights, which condemn the goods of the female body and the effectiveness of children.

This procedure is in line with the position of European Court of Human Rights

The Supreme Court had already sentenced last December to say that the hedge of pregnancy made women and children In just commercial exchange objects, Vigilance against its moral safety. In the same manner, the Supreme Court defended that the child’s interest cannot be based on contracts signed by “religion intention”, or on The legitimacy of these agreements in other countries.

In other European countries, such as Italy, a drug is a global crime and can lead to imprisonment or fines. The country extended the crime to prosecute citizens last year Italians who resort to a tangible pregnancy outside. In many other countries, practice is still legal.

The new Spanish guideline principle is also compatible with The European Court of Human Rights doctrineAnd that allows member states to restrict or hinder this type of practices if their internal legislation is collected. In addition, given that the organic law of sexual and reproductive health and the interruption of volunteer pregnancy entered into force in 2023, Spanish legislation qualifies the perceived pregnancy like A form of reproductive violenceMore promoting institutional rejection towards this practice.