“A descendant cannot be adopted”: the red lines that Ana Obregón borders on with her maternity

Article 175 of the Civil Code literally says: “A descendant cannot be adopted”but Ana Obregon says that to be the legal mother of Ana Lequio she has adopted: adopted mother, she calls himself to tell that she is actually a grandmother. But in Spain the actress who has just become a grandmother cannot adopt her. However, “everything is legal,” explains Ana. “The girl was born in America and will have an American passport and dual nationality. Legally she is my daughter and that is how it appears on her passport. I will register her at the Spanish Consulate and then I can bring her home,” he clarifies. “Her name is Ana Sandra Lequio Obregón,” says the biologist, but we know that she registered her as Ana Lequio Obregón in United States. Because? Because officially there is the mother and not the grandmother, although biologically she is.

Read also – Ana Obregón does not rule out going for another baby: “I would do it again, Aless wanted to have five children”

The huge clue that gave the name advanced by this digital fueled, as we said, the rumors about paternity that have now been fulfilled. Regardless of whether you want to add Sandra or any other name, in the US you can only put one last name when registering and her mother chose her second name, not the first (García) or her son’s, because legally she is the mother, regardless whatever Aless Lequio be the donor and Ana the grandmother.

Several legal experts anticipate that the Prosecutor’s Office will have to intervene to decide which is the most convenient legal regime for the minor because, depending on the sentence with which Ana Obregón returns from the United States, from the Florida court, the actress can be a mother, grandmother or both. For this interest, the parents of pregnant mothers are granted registration in Spain, despite not being legal in Spain. Judge José Antonio Vázquez Taín assures in a debate from The Ana Rosa Program that the girl should be called Ana Sandra Lequio, and with Obregón as her last name.

The semen of a deceased

Ana Obregón has paid in the United States for a daughter who in biological terms is actually her granddaughter. Given that surrogates are an illegal practice in Spain, in the numerous debates that have arisen since the first cover, there is talk of the limits set by the law in our country. Now the case of having used the semen of a deceased is added.

In Spain, the semen of a man who freezes it in case of infertility and dies can be used by his partner for up to 12 months after his death. But he has to use it only for his partner and leave it in writing in a will or in a notarial deed. Rocío Núñez Calonge, an expert in bioethics and assisted reproduction, assures that consent in these cases has been established for a long time and is used above all in cases in which surgery, cancer or chemotherapy treatment make the patient sterile: ” A debit is made in the consent so that, in the event of death, your partner can use it within the established deadlines, but it always has to be explained very well to the man, it is informed consent,” the expert stressed in conversation with the string BE.

In the US, where there is no assisted reproduction law, it is recommended not to resort to surrogates over 55 years of age. But it is one of the many ethical recommendations, although the law does not prevent certain practices from being carried out, especially when it comes to surrogate motherhood.

Also, the case of Ana Obregón, due to all the peculiarities that make it unique and different from other cases of surrogacy, raises far-reaching ethical questions about pregnancies within the same family. The Spanish Fertility Society published a document to serve as a basis for the future regulation of this technique. The summary says that they are against the use of gametes from a relative, not only due to ethical problems, but also psychological ones. All the psychologists consulted agree that it is not a good idea.

the role of grandfather

Alessandro Lequio, as a grandfather, also has the right to spend time in the company of his granddaughter if he so desires and Ana Lequio is recognized as such, being able to establish a visitation regime granted by a judge, who will be in charge of deciding how, when and Where do these meetings take place? This is included in the Civil Code and indicates that all grandparents must have the opportunity to be reunited with their grandchildren due to their family status, regardless of who has custody, which, as everything seems to indicate, will be Ana Obregón, formal mother and biological grandmother.

If Ana Obregón were missing or had a problem that would incapacitate her to exercise guardianship over the minor, it cannot be ruled out that the father of the deceased Aless Lequio could or should take care of the well-being of his granddaughter. Lequio could ask for custody of his granddaughter if she wanted to.