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Parliamentary questions
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20 February 2019
Question for written answer E-000921-19
to the Commission
Rule 130
Beatriz Becerra Basterrechea (ALDE)

 Subject:  Lack of legal protection for children born via surrogacy: Ukraine and the Spanish Government
 Answer in writing 

The Spanish consulate in Kiev has refused to grant Spanish citizenship to infants who were born via surrogacy, denying requests from 28 families. The Spanish Embassy has announced that it will not allow the births of any other children born via surrogacy to be registered, a stance at odds with the case-law of the European Court of Human Rights and the Spanish Constitution.

In Spain, a ruling by a Spanish judge is required for a baby born via surrogacy to be registered. The children’s rights to citizenship are thus not guaranteed automatically. Instead, their rights, and those of their parents, depend on a piece of paper.

Given that the EU is a participant in the Hague Conference on Private International Law, which is working to draw up a legal framework for surrogacy, and that children’s best interests are a primary concern for the Commission:
1. How is the Commission going to safeguard the children’s best interests and guarantee their legal protection in these instances?
2. Does it intend to bring forward an initiative to resolve the cross-border issues linked to surrogacy at EU level, in order to do away with the legal uncertainty surrounding children who are not registered?
Original language of question: ES 
Last updated: 5 March 2019Legal notice