The Ministry of Justice backs down and announces that it will cancel the instruction that this Friday sent the General Directorate of Registries and Notaries (DGRN) – which depends on that same ministry – to consular records. It opened the door to the registration of children born by foreign wombs by presenting a test of DNA that certifies the paternity or maternity of one of the parents.
The Government, which has been opposed to this practice, recalls with this rectification that this is prohibited in Spain. The new steps taken by the Executive come after of a crisis opening in Kiev by a group of Spanish couples who were denied the registration of children born through practice, also as a surrogate pregnancy, which assumes that a woman spawned a minor for nine months and transferred maternity and paternity to third parties. In Ukraine it is a practice allowed for married heterosexual couples. It is one of the destinations that Spanish families use most along with the United States, where the cost of the whole process can be more than double (120,000 euros versus 60,000).
The aforementioned DNA test, which until now is not included in any official regulations, was admitted nonetheless at the Embassy of Spain in Kiev until last July. It assumes that a Spanish laboratory must certify that the child shared genetic material from one or both members of the Spanish couple. The current instruction, published in 2010, only contemplates the registration of minors after obtaining a judicial record. It is a document that can be obtained in the United States and other destinations such as Canada but not in the case of Ukraine, where until now officials have had to look for alternatives.
The Ministry of Justice is committed, one day after President Pedro Sánchez announced the date for new elections, to prosecute the agencies and establishments that offer these services and that profit by leading hundreds of couples to procreate in third countries through this illegal activity. All this without prejudice to provide a solution to the situations of fact that have been created in the best interest of the child, as indicated by Justice.
This Friday, the Foreign Ministry sent to embassies and consulates a document that expanded the criteria for the registration of these minors. A spokesman for this ministry said that the new instruction, which had not yet been published in the BOE, was already mandatory in the consular records and replaced the previous one in 2010.
The text admitted DNA tests as mandatory, after the last crisis in Ukraine, where several families have been trapped without being able to register these babies and return to Spain with them. The associations that defend the practice of rent bellies applauded this initiative. On February 13, a group of Spanish families asked to register minors in Kiev They started a protest because their requests were rejected; Foreign Affairs confirmed on Friday that they had contacted five families to inform them about how to "review those files."
The route that was opened in 2010, after approving the Directorate of Registries and Notaries, was an instruction based on the best interests of the child and that the feminist collectives qualify as "a back door" to legalize de facto this practice in Spain. The new initiative now rectified by Justice has also been very criticized from these groups, after the Government pointed out through several ministers, including the vice president of the Government Carmen Calvo, his overwhelming rejection of the rent bellies.