Friday, March 29

The Supreme Court allows adoption in surrogacy even if the babies are “merchandise”


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The sentence brings to light the contract signed by the mother who rents her womb, which “involves an unacceptable exploitation of women”

Domenico Chiappe

For one thousand euros a month, for half a year, a woman, who is called a “surrogate pregnant woman” in the rental contract for her womb, undergoes “as many embryo transfers as necessary”, without a time limit and with three embryos (which are «owned» by the «future mother») for each cycle of assisted fertilization, after which she has to «stay three days in bed». The pregnancy can be multiple, without the possibility of “selecting” the embryo.

During the insemination and gestation process, the woman who rents her womb must accept medical tests, both blood and psychological, which are done when ordered by the woman who hires her, without any confidentiality, according to the contract attached to the sentence. . These are some of the clauses that the Supreme Court points out that “involves harm to the best interests of the minor and exploitation of women that are unacceptable. Both are treated as mere objects, not as persons endowed with the dignity of their condition as human beings and the fundamental rights inherent to that dignity. It also considers that the law violates the obligation to hand over the child “even before conception” and his waiver “of any right derived from his motherhood”, as well as other conditions related to his “habits of life” and freedom of movement and home.

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In the contract signed in Mexico through a company specialized in surrogacy, the contracted woman also agrees to have a special diet, without raw meat or fish. In the document that establishes the conditions of surrogacy carried out in Mexico, it is forbidden to have sex, get tattoos or cosmetic surgery, practice “vigorous” exercise, smoke, drink alcohol, coffee and energy drinks, and “expose yourself to excrement from animals”. To check that she complies with the contract she accepts “random tests without prior notice” as requested by the woman who hires her.

You cannot change your address, or travel, or work, or leave the hospital set for the birth. If she were to become “brain dead,” for example, the woman surrogate her womb can keep her “alive on medical life support” until the baby can be delivered. Delivery will always be by cesarean section. Of course, she relinquishes rights to the baby that is born, which is delivered “immediately after delivery without any interference.” The woman also waives any claim for damages arising from the procedure. The 5,500 euros are charged in installments from three months of gestation until the day of delivery. As for the “future child”, who is “reified”, he is “deprived of the right to know her origins”.

go to adoption

Since 2013, the Supreme Court ruled that surrogacy contracts violate the fundamental rights of both the pregnant woman and the gestated child, and are therefore manifestly contrary to our public order. They are null. However, there were courts, such as the Provincial Court of Madrid, that granted “the status of mother” and ordered the registration in the Spanish Civil Registry with the surnames of the contracting parties, validating the contracts of the “mediating agencies” and the legalization actions carried out abroad.

Now the Supreme Court has responded to an appeal from the Prosecutor’s Office against this 2020 resolution, in which it opposed a ruling that “determines a maternal affiliation with respect to a person who is not a biological mother and who entered into a gestation contract by substitution, without contributing their own genetic material’. The Supreme Court reaffirms that “pregnancy by commercial substitution violates fundamental rights.” However, due to the “best interest of the minor” it opens a way for the recognition of a “filiation relationship” between the baby and the woman who resorts to surrogacy without providing genetic material.

The “committed mother” must go to the adoption. “The rights of pregnant mothers and children in general would be seriously injured if the actions of intermediary agencies were facilitated,” indicates the high court. The companies, which “do not even check the suitability” of their clients to have parental authority, cannot “ensure the almost automatic recognition in Spain of the filiation resulting from the surrogacy contract.” Neither “pregnant mothers” nor children are “simple merchandise”, and without even verifying the suitability of the principals to be recognized as holders of parental authority over the child.


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