Gestación por sustitución en España. Un estudio con apoyo en el Derecho comparado y especial referencia a California (EEUU) y Portugal

Abstract

This dissertation deals with the current legal situation on surrogacy in Spain, where according to the Assisted Human Reproduction Act, any agreement aimed at such programmes shall be null and void. However, various legal mechanisms have been implemented that allow the registration of birth and filiation of children born abroad through surrogacy. Even further, the intended parents might get parenthood allowances once the child's birth has been registered. All of that leads to an incongruence of our legislative framework, which makes clear the necessity of establishing a positive regulation on surrogacy in our country. We include a study of comparative law with the various legal treatments rendered to the concept we are dealing with in the countries with the most representative viewpoints on the matter, specially, California and Portugal. It will allow us to know the diverse options and approaches applicable before a likely Spanish regulation on the subject.