Requesting euthanasia in Spain: procedure, timeline and refusals

Key rules

• Two requests: Euthanasia needs two written requests made at least 15 days apart.
• Refusal by your doctor: If the responsible doctor refuses, you can file a claim within 15 days with the regional evaluation commission.
• Residence: You need legal residence in Spain, or registration showing more than 12 months; tourists cannot qualify.
• Refusal by the commission: A commission refusal can only be challenged in the contentious-administrative courts.

Who can request it

Euthanasia is legal in Spain, but only if you meet every condition below. This is now the law, and it applies to Spanish and foreign residents alike.

• Residence. You must have Spanish nationality or legal residence in Spain. Alternatively, you need a certificate of registration (empadronamiento) showing more than 12 months in Spain.
• Capacity. You must be of legal age, capable and conscious when you apply.
• Condition. You must have a serious and incurable illness, or a chronic and disabling condition, certified by the responsible doctor. It must cause intolerable physical or psychological suffering.
• Information. You must have full information on your medical process, the alternatives and palliative care.
• Free choice. You must make two voluntary written requests, with no outside pressure, and give informed consent before the procedure.

If you can no longer decide for yourself, the process can still go ahead when you left a prior directive, a written statement of your wishes made earlier.

If you recently arrived from outside the EU

If you hold a residence permit or other legal residence status, you can meet the residence condition even if you arrived recently. Without legal residence, you need more than 12 months of registration. A visitor or tourist with no residence status and under 12 months of registration cannot qualify.

How the process works

1. You give your first written request to the responsible doctor, the doctor treating your condition.
2. Within 2 working days, the doctor holds a deliberative process with you and gives you information.
3. You make a second written request at least 15 days after the first. The doctor can shorten this gap if you are close to losing capacity.
4. After 24 hours from the second request, you confirm and sign the informed consent.
5. A consulting doctor from outside your team checks that you meet the requirements, usually within about 2 working days of the responsible doctor's report.
6. The regional commission (Comisión de Garantía y Evaluación) appoints a doctor and a jurist to verify your case. The commission then decides within 7 days.
7. If approved, the procedure takes place in the public or private health system, in the place you choose. Afterwards the doctor sends a report to the commission.

Working-day timings can be shortened or vary in particular situations, so ask your responsible doctor for the dates in your case.

If a doctor refuses

Doctors have a right to conscientious objection. If yours objects, the health service must give you another doctor. Ask for this in writing.

If the responsible doctor refuses your request, you can file a claim (reclamación) within 15 days with your region's evaluation commission. Do not let this deadline pass.

If the commission refuses

If the commission refuses to approve your request, you can challenge that decision in the contentious-administrative courts. Get a lawyer's help for this step.

The timeline, documents, checklist and warnings below set out the steps in order.

Timeline and deadlines

• Make your first written request to the responsible doctor: at the start

• The doctor holds a deliberative process with you and gives you information: within 2 working days of your first request

• Make your second written request: at least 15 days after the first request, or sooner if the doctor shortens it because you may soon lose capacity

• A consulting doctor from outside your team checks the requirements: around 2 working days after the responsible doctor's report

• The evaluation commission's doctor and jurist verify your case and the commission decides: decision within 7 days

• The procedure is carried out in the public or private health system, in the place you choose: after the commission approves

• If the responsible doctor refuses, file a claim with the regional evaluation commission: within 15 days of the refusal

Documents you need

• Proof of Spanish nationality or legal residence in Spain, such as your ID or a residence permit.

• A certificate of registration (empadronamiento) from your town hall showing more than 12 months in Spain. You need it only if you have no Spanish nationality or legal residence.

• Your first written request, addressed to the responsible doctor.

• Your second written request, made after the required gap from the first.

• The informed consent form, which you confirm and sign before the procedure.

• A prior directive (a written statement of your wishes made earlier). You need it only if you are no longer capable of deciding.

Checklist

• Ask the doctor for full information on your condition, the alternatives and palliative care.

• Make your second written request once the required gap has passed.

• Choose whether the procedure happens in the public or the private health system, and where.

• Ask the health service for another doctor if yours objects on conscience grounds.

• Take the case to the contentious-administrative courts if the commission refuses to approve your request.

What to watch out for

• Missing the deadline to challenge a doctor's refusal: If the responsible doctor refuses, you can lose the chance to have the refusal reviewed if you wait past 15 days.

• A refusal by the commission goes to court: The commission's refusal is not reviewed by the commission again. It can only be challenged in the contentious-administrative courts. Speak to a lawyer as soon as you receive the refusal so a court challenge can be prepared.

• Your doctor may object on conscience grounds: Doctors have a right to conscientious objection, which can delay your request if you do not act. Ask the health service to assign another doctor, which it must do.

Frequently asked questions

Can I request euthanasia if I recently arrived from outside the EU?

Yes, you can if you have legal residence in Spain, such as a residence permit, even if you arrived recently. Without legal residence you need a certificate of registration (empadronamiento) showing more than 12 months in Spain. A tourist or short-stay visitor cannot meet the condition.

Can the wait between the two requests be shortened?

Yes, the responsible doctor can shorten the gap between the two requests if you are close to losing the capacity to decide. Other working-day timings in the process can also vary in specific situations. Ask your doctor how this applies to you.

What happens if my doctor refuses because of conscientious objection?

Your doctor has a right to conscientious objection, and the health service must then give you another doctor. Ask the health service for the replacement rather than starting again. This is different from a refusal because you do not meet the conditions, which you can challenge.

Can I still be helped if I can no longer decide for myself?

Yes, the process can go ahead if you are incapable, but only if you made a prior directive (a written statement of your wishes) before losing capacity. Without one, this route is not open. Make the directive while you are still able to.