Gestational surrogacy

Last update: 31-03-2026

The authorisation of execution is a set of rules whereby one state’s legal system verifies that a judgment issued by a court of another state meets the requirements for Spanish recognition and approval.

In this case, authorisation of execution of the foreign judicial decision must be obtained, unless an international convention is applicable.

Thus the court order completing this authorisation procedure must be submitted to the Spanish registry office with the application for registration, in order to proceed with the birth entry.

Yes, it is possible to enter the birth on the Spanish Civil Register without supplying the authorisation of the foreign court decision, provided that the foreign court’s decision originated from proceedings similar to those followed in Spain in non-contentious matters.

In such cases, as a pre-registration requirement, the Registrar of the Civil Registry checks whether the court’s decision can be recognised in Spain.

The Registrar of the Spanish Civil Register checks in the foreign court's decision that:

• The foreign court’s decision and any other documents submitted are authentic and duly compliant.
• The court of origin established its international judicial competence according to criteria equivalent those prescribed by the Spanish legislation.
• The procedural rights of the parties, especially the surrogate mother, were guaranteed.
• The child’s overriding interest and the surrogate mother's rights were not violated (in particular, the Registrar must verify that the surrogate mother’s free and voluntary consent was obtained without error, deceit or violence, and that she has sufficient natural capacity. Deceit is the deliberate intention to defraud someone or to breach a contractual obligation).
• The court decision is final and cannot be appealed and the consents given are irrevocable or, if they were subject to a cooling-off period in accordance with the applicable foreign legislation, that this period elapsed without anyone entitled to do so revoking their consent.

No. A foreign registry certificate or simple declaration with a medical certificate attesting the child’s birth, that does not record the identity of the surrogate mother, will not be accepted under any circumstances as sufficient evidence for registering the birth and parentage of a child.