It does not meet the requirements and procedures for an adoption, nor does the legal vacuum allow it to be approved as a replacement pregnancy. The Barcelona hearing dismissed in October the resource of the biological father pair of two children born in Thailand in 2014 from the surrogate method of gestation, in response to a ruling issued in November last year.
Minors, according to the sentence, are registered at the home of the homosexual couple in Spain. The hearing indicates that the documentation on the consent of the biological mother "does not have the corresponding legalization" and that neither the consent nor the informal consent after birth are indispensable in the adoption and recalls the legal emptiness on the gestation, so that what he pretends to be an adoptive father would have no right. The mother did not appear at any stage of the process.
"The surrogate gestation is not regulated by our legal system and the absence of specific legislation does not allow the integration of the legal lagoon because there is a rule that specifically prohibits it", recalls the sentence.
The process of adoption of the two minors, registered in Spain since 2015, was started in February 2017 by the couple of the biological father of minors, but the court of first instance prevented it according to the thesis of the Public Prosecutor's Office, which He argued that surrogate pregnancy is a prohibited practice in Spain and that the law considers null contracts signed in third countries.
"Therefore, the resignation of the pregnant mother, which in our current legislation is not even possible before six weeks after birth, that is after the birth, are contrary to our legal system and, consequently, nothing, in full right", supports the hearing.
The hearing also recalls the Convention on the Rights of Children and stresses that, in accordance with this agreement, "if a country like Spain says that affiliation is determined by the child, it must prevent children from be separated from their children The mothers and they will ensure that they take care of them ".