Surrogacy remains taboo as Spain's birth rate collapses

Surrogacy remains illegal in Spain while the birth rate plummets. Only Ciudadanos ever brought it before Congress, and the party is now gone. An analysis of the legal vacuum.

English · Original discussion in Spanish · Published

The birth rate is at record lows, yet surrogacy remains a political taboo

Lamenting the low birth rate has become a commonplace among Spain's political parties, but concrete policies are conspicuously absent. Surrogacy, the route by which a single man could have a child, remains illegal in Spain. And the only party that dared to raise it in Congress has disappeared. It is no coincidence: it is one of the great hypocrisies of the demographic debate.

A debate with no legal translation
While baby bonuses and tax deductions are announced, the assisted reproduction law still makes no provision for surrogacy. Anyone without a female partner who wants to become a father faces an absolute legal vacuum. Regulating it is not even discussed, despite the fact that the birth rate debate is squarely on the table.

Ciudadanos and the PSOE: the political landscape
In parliament, only Ciudadanos (a now-defunct liberal party) showed any willingness to address the issue. Its disappearance left the question in a drawer. On the other side, the PSOE (the Socialist Party) maintains firm opposition to any opening, as seen in its veto of existing initiatives. The result is that an issue with direct demographic implications is relegated to drawing-room debates.

The informal alternative: co-parenting
In the face of the legal blockage, co-parenting platforms have proliferated, where a man and a woman agree to have a child and share custody without being a couple. It is a pact without a contract, without legal security and with a considerable financial cost: from medical expenses to child support, not to mention the legal uncertainty over parentage. The formula works, but only through goodwill and risk.

Fertility figures will keep falling until the root of the problem is tackled. And the root is not only economic: it lies in a legal framework that penalises half the population when they want to exercise fatherhood. The debate will predictably end in deadlock once again, and informal co-parenting will keep growing in the shadow of legal insecurity. Until someone in power decides that men, too, may want to be fathers.

Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (30 replies).

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