The ECtHR pronounces on the recognition of a filiation bond in the cases of surrogacy between the child and the intentional mother.

Surely we have all read or heard news from Spanish families who had problems registering their surrogate children born in Ukraine, and this because this new family model is pending legal regulation in Spain and in many European countries.

In the cases of bellies for hire, who usually contributes his genetic material is the father and later, wanting to legalize the situation of the minor in their countries, the couples of the “donor” (either male or female) usually find trouble legalizing your relationship with the baby.

France is one of the European countries with the most restrictive legislation regarding bellies for rent, and for this reason the French Supreme Court made a request for an advisory opinion to the European Court of Human Rights, that has been recently pronounced through the first advisory opinion issued on this matter and by means of an unanimously agreed opinion.

So, and in the case of a child born abroad by substitute or surrogate maternity (rental belly) and derived from the gametes of the intended parent and a third donor and where the parent-child relationship between the child and the parent has been recognized in national law, the opinion issued by the ECHR is concluded:

1) The right to respect for the child's privacy, in the sense of the article 8 CEDH, requires that domestic law provides for the possibility of recognizing a filiation link between the child and the intentional mother, designated in the birth certificate legally established abroad as “legal mother”.

2) The right to respect for the child's private life does not require such recognition to be made by transcription in the civil status records of the birth certificate legally issued abroad; can be done by other means, like the adoption of the child by the intentional mother.

So, It seems that each country of the Union should open a legislative path so that the "Recognition of a legal parental-filial relationship" of the born of a surrogate with his "mother of intention", this being the woman who will raise him even if she is not his biological mother. This relationship does not have to be recognized by registering in the legal records of that woman as a “legal mother”, Given that many countries only consider as such the one who spent and gave birth to the baby.

The European Court of Human Rights prioritizes guaranteeing the rights of minors and this is true if the "mother of intention" is registered as an "adoptive" mother, for example, but each country must regulate it internally, and therefore the ECtHR recommends that each file be studied taking into account "the particular circumstances" of each case.

It is important to highlight that the opinion issued by the ECHR is not binding, but it seems a clear wake-up call to European countries that are studying how the law should respond to pregnancies due to surrogacy..

In view of result of general elections celebrated the past 28 of April, and taking into account the electoral programs, it seems that a dialogue path should be opened that addresses how to adapt the ECHR opinion to Spanish legislation, since CITIZENS is the only party that defends, in your electoral program, the legalization of surrogacy, an issue that the PSOE categorically rejects, and aims to prosecute the agencies that offer these services in Spain, while PP and Unidas Podemos do not even mention and VOX totally rejects it.

We have no choice but to wait for the evolution of government formation and see how it deals with this issue..