Starting a family as a single person or same-sex couple

Key rules

• Who can access: Single women and female couples aged 18 or over can use assisted reproduction, whether or not they are married.
• Male couples: Male same-sex couples cannot use this route, and surrogacy is not allowed.
• Public cover: Each region sets its own criteria, so check with your regional health service.
• Unmarried couples: The non-birth mother must give documented consent before the birth to be registered as a mother.

Who can use assisted reproduction in Spain

Any woman aged 18 or over with full legal capacity can use assisted reproduction. Marital status and sexual orientation do not matter. That includes single women and female same-sex couples, in public or private clinics.

Male same-sex couples cannot use this route without a woman as the user. Surrogacy is not allowed in Spain, and surrogacy contracts have no legal effect.

Donation of eggs or sperm is anonymous and non-profit. You will sign a written, informed consent at the clinic before treatment starts.

Public health cover or private clinic

Public cover exists, but each region sets its own rules, so ask your regional health service or its reproductive unit. Access for women without a male partner has been extended, but waits and requirements vary. Some regions have asked for prior private treatment first.

Typical criteria in public systems:

• The woman is under 40. Some regions use 39 or 42 for certain techniques.
• A BMI of roughly 18.5 to 30.
• No living healthy child from the current relationship. Some regions are stricter about any earlier child.
• No previous sterilisation.
• A cap on cycles, typically up to 3 inseminations and up to 3 IVF/ICSI cycles.

Donor gametes are covered in many regions. For donor eggs, the age limit is generally about 40 to 45.

Registering the child: single mothers

If you are a single mother, you are registered as the mother in the Civil Registry when the baby is born. No second parent is named.

Registering the child: female couples

How the non-birth mother is recognised depends on whether you are married. Decide this before the birth.

• Married couple: the non-birth mother is presumed to be the other mother. You register the birth together and show your marriage certificate.
• Unmarried couple: the non-birth mother gives written consent to be recognised as the other mother, before the birth. This is usually done in front of the registry official, in a notarised document, or through the clinic consent form. The child is then registered with both of you.

Doing this before the birth avoids the adoption process that unmarried partners once needed. Recent changes confirm that women can register their children without marriage, as long as consent is documented.

The exact documents depend on the Civil Registry office, so ask them what they want before the birth. The documents list and checklist below cover what to prepare.

Documents you need

• Marriage certificate, issued by the Civil Registry, needed if you are a married female couple so the non-birth mother is registered as the other mother together with the birth mother.

• Signed declaration of consent from the non-birth mother, made before the birth in front of the registry official or in a notarised document, needed if you are an unmarried female couple.

• Clinic consent form for the assisted reproduction, signed by both women. It can serve as the proof of consent for an unmarried couple.

Checklist

• Ask your regional health service whether public cover applies to you as a single woman or female couple.

• Check your age and BMI against your region's limits, which are often under 40 and a BMI of about 18.5 to 30.

• Ask how many inseminations and IVF cycles your region covers and whether donor eggs are included.

• Decide before the birth how the non-birth mother will be recognised: marriage certificate if you are married, or a consent declaration if you are not.

What to watch out for

• Surrogacy is not allowed: Spanish law does not authorise surrogacy, and a surrogacy contract is void. Male couples cannot use assisted reproduction in Spain without a woman as the user. Do not pay or sign a surrogacy agreement in Spain. Take advice from a family lawyer first.

• Unmarried partner not recognised as mother: If you are not married and the non-birth mother has not given her consent before the birth, she may not be registered as the second mother and may need the slower adoption route. Complete the consent declaration before the birth and bring it to the Civil Registry with the birth registration.

• Consent must be written and informed: Treatment cannot go ahead without written informed consent, and donor gametes are anonymous, so you cannot choose or contact a donor. Read the clinic consent form carefully and keep a signed copy for the birth registration.

Frequently asked questions

Can a male same-sex couple use assisted reproduction in Spain?

No, a male couple cannot use assisted reproduction in Spain, because the route is open only to women. Surrogacy is not allowed either, and any surrogacy contract is void. Ask a family lawyer about options outside Spain before you sign anything.

Does my public health service pay for treatment if I am a single woman or in a female couple?

Often yes, but each region sets its own rules, so cover depends on where you live. Typical criteria are being under 40, a BMI of about 18.5 to 30, up to 3 inseminations and up to 3 IVF cycles.

Can both of us be registered as mothers if we are not married?

Yes, an unmarried female couple can both be registered as mothers if the non-birth mother gives her consent before the birth. She does this by a declaration in front of the registry official, in a notarised document, or through the clinic consent. This avoids the adoption route that was needed in the past.

Does a single mother have to name a second parent on the birth registration?

No, a single mother is registered as the mother and the child has no second parent on the record. You do not need any partner's consent or paperwork for this.