The Spanish approach (or the lack thereof) to surrogacy

Surrogacy is a controversial matter that has been in the spotlight for the past few years in Spain, becoming even a matter of political debate. There is no societal consensus on how to regulate it, or even whether it should be regulated at all.

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Una pareja heterosexual ha obtenido el reconocimiento, por parte del Tribunal Supremo, a poder formar una Unión Civil.

Rebeca Steinfeld (37) y Charles Keidan (41), ambos ciudadanos de Londres han obtenido un fallo favorable del Tribunal Supremo consistente en que la Civil Partnership Act 2004 (Ley de Uniones Civiles británica), que solamente resulta aplicable a las parejas del mismo sexo, es incompatible con la Convención Europea de Derecho Humanos.

Can grandparents be legally entitled to visit their grandchildren?

It is often said that grandparents act as role models to their grandchildren, teaching them how to love unconditionally, to respect their elders and to care for others selflessly. It cannot be denied that grandparents play an active and influential role in their upbringing.

Inglaterra vs Escocia: conflicto de jurisdicción en una reclamación de pensión compensatoria

La existencia de los Reglamentos europeos que son de aplicación a distintas materias que forman el derecho de familia ha provocado que ante una ruptura matrimonial pueda producirse la división del procedimiento de forma que se lleven a cabo distintas acciones en distintos países en virtud de la materia de la que se trate.

Too far to share custody?

The Spanish Supreme Court in its Judgement of 9 June 2017, Rec. 1495/2016, has clarified once again (and hopefully once and for all) that shared custody is considered to be the best and most beneficial care arrangements for a child, overcoming certain practical difficulties that before could have prevented the determination of shared custody, such as the distance between the parents home . In Spain, it is the preferable regime applicable, and it is for the parties to prove the reasons why for that particular case custody shall not be shared.

Child maintenance and coming of age – when should I cease paying?

Child maintenance is about providing for a child’s living costs and education. Its legal reasoning does not allow for it to be extended indefinitely nor to end it too soon. In Spain, the fact that children turn 18 years old is not a reason to automatically put an end to child maintenance. Parents are expected to continue paying child maintenance if the children are studying at university for example or they are not financially independent.

Divorce by consent before a Notary Public

One of the many improvements introduced by Spanish Law 15/2015 of 2 July on Voluntary jurisdiction is the possibility to divorce (or legally separate) before a Notary Public by means of a Deed. However, it is required that the spouses are divorcing by consent and that they do not have children under the age of 18.

The crucial moment: International service of judicial documents in family matters

In divorce proceedings, when we can foresee an international jurisdiction dispute between two or more jurisdictions, the moment service of the divorce petition is effected may be crucial.

Surrogacy in Spain – far from recognition

In Spain, surrogacy is forbidden under article 10.1 of the Law 14/2006 of 26 May on human assisted reproduction techniques, which states that all surrogacy agreements are null and void.

Due to this regulation, many Spanish residents are traveling to countries where this technique is legal. However, problems arise when parents want to register their children at the Spanish Civil Registry.