The Government will not finally persecute Spaniards who resort to surrogacy abroad as proposed by the Ministry of Equality in the draft of the preliminary draft of the Abortion Law. The final text, approved this Tuesday in the Council of Ministers, eliminates the point in which there was talk of prosecuting surrogacy contracts through the courts by applying article 221.2 of the Penal Code, which refers to punishments of one to five years in prison and disqualification from four to ten years to exercise parental authority, guardianship, conservatorship or guardianship of a child for those intermediaries and receivers who participate in the delivery of a minor through financial compensation.
However, the Equality draft exempted pregnant women from responsibility, despite the fact that in the Penal Code those who deliver the minor are punished.
The families formed by surrogate motherhood have received the change in the final text with “relief”, although they already had doubts that they could be held criminally liable for carrying out the process abroad. “We thought that it was not going to pass the different filters until it reached the current law, but not because of a lack of will by the Government, but because lack of technical requirements. We thought that the measure was not going to meet the legal feasibility opinions, ”they explain to ABC from the Platform for the Protection of Children Born in Georgia and Ukraine (Apingu).
Even so, they regret the damages that they consider they have already suffered from the Government as a result of including surrogacy in this law. “With all harm to children is already undeniable, because this type of threatening news stigmatizes, incites hatred and perpetuates discrimination against children”, they point out. “They are cruel and abusive initiatives, and in politics not everything goes,” they lament.
“We are sorry that only the article related to the criminal prosecution of our families has been eliminated, since we all knew that it was contrary to law,” they lament for their part from Son Nuestro Hijos, an association made up of families formed by surrogate motherhood. The text approved this Tuesday by the Executive maintains the launch of institutional campaigns against surrogacy, which families call “a violation of the rights of our children» and denounce that they serve to «point out and stigmatize».
This feeling is also expressed by Juan Luis Fernández and Christian Ruiz, a couple parents of two children aged 6 and 4 years born by surrogacy in Mexico and Australia. «The first announcement of the bill has already caused enormous damage both within all the families formed by Surrogacy and in future fathers and mothers of intention. Our families and our children have been more marked, if possible, by a sector of society, “they criticize.
In his opinion, although the point for which surrogacy was wanted to be penalized criminally has been eliminated, “the social persecution will continue, since in the draft of the law, promoted by Irene Montero, it will be written that surrogacy is a form of violence against women. “That defamation will continue fueling the signal and criminalization of our families and our children”, they cry out. Along the same lines, they consider that Equality already «finances campaigns against surrogacy», for which they affirm not to be «surprised» that the ministry «continues its social harassment of families».
George is Digismak’s reported cum editor with 13 years of experience in Journalism