Ana Garcia Obregon surely he has received all kinds of legal advice and has the possibility of registering the baby resulting from the practice of renting a woman’s womb, and inseminating her with the ovum of another and the semen of his deceased son, tied and tied Aless. But the 2010 Instruction of the Civil Registry, recent jurisprudence and above all ethics can put you in trouble, as explained by expert lawyers in surrogates and bioethics.
According to the lawyer specialized in the matter, mary louise bautistain the AR program“in Spain, what the 2010 instruction allows is to register a child with the genetic load of the father, who has been through the sperm, or of the mother, if her egg has been used. In the case of Ana Obregón is the grandmother, and he could not legally register her.”
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The lawyer, who has been in favor of surrogacy, but with some margins, has made it clear that from an ethical point of view, “we are not gods. We cannot mix the ability to compare with our desire to be mothers or grandparents” .
From a bioethical point of view, he has argued that the case of Ana Obregón “is very controversial and very far from what should be appropriate human behavior with respect to life.” The expert gives a very illustrative example: “Juana la Loca, once Felipe El Hermoso dies, travels for months through Spain with a corpse, because according to her it was her will and that of her husband.”
From the point of view of bioethics, “the will is one and the rights are others. And we have to base ourselves on the bioethics that must be respected. The will cannot be the prevalence. Bioethics extends from ethics and that must prioritize.”
What the Law says about registering babies
However, Ana is the legal mother of the girl in the United States, registered as an American. She wants to register her as such at the Spanish Consulate, and then bring her home to Spain as an adoptive mother, although in our country it is not possible to adopt a descendant of hers. The legal process will not be easy.
It must be remembered that the only legislation that has allowed the registration of minors acquired through the practice of surrogacy abroad is the Instruction of October 5, 2010, on the filiation regime for those born through surrogate gestation, and approved in order to provide full legal protection for the best interest of the minor.
Our regulation of filiation is based on the principle of biological truth, the free investigation of paternity and maternity without evidentiary limitations and the favor childrenunderstood as the right of the person to know their origin. Ana Lequio Obregón You will know its origin, but you will have to make a scheme to understand and assume it.
The Instruction establishes as a prerequisite for the registration of those born through surrogacy the presentation before the Judge in Charge of the Civil Registry, in addition to the certification issued by a foreign authority, of a “judicial decision issued by a competent foreign court that determines the filiation”. . Ana Obregón cannot prove that filiation, unless the baby was gestated with one of her ovaries, which she has already denied, in addition to the fact that it would be quite difficult from a biological point of view due to her age.
In addition, the recent ruling of the plenary session of the Supreme Court of March 31, 2022, on a case of surrogate motherhood, establishes that “the mother who sought recognition of filiation, by possession of status, lacked any biological link with the daughter gestated by another woman, without any genetic contribution from the plaintiff”.
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In the case it was shown that the baby had been obtained through an agency and for profit. There was no other link between the principal and the baby, other than business and payment. For the benefit of this minor, who de facto belongs to the family group constituted with the mother, the court refers to adoption or foster care, which opened a door not contemplated until now, and which may be the one that Ana Obregón crosses without disheveled . Although in this case we are dealing with a true acquisition of a granddaughter, the good of the minor will prevail, and it will be shown that anyone with money can skip bioethics whenever they want.