Parenthood and family recognition for LGBTQI parents in Spain

Terms used

• Idoneidad — The idoneidad is the suitability assessment regional child-protection bodies make before approving adopters.
• Registro Civil — The Registro Civil is the civil registry where births, marriages and parenthood are officially recorded.
• Acogimiento — The acogimiento is foster care, where a child lives with you without becoming legally your child.
• Exequatur — The exequatur is a Spanish court process that recognises a foreign court decision so it has effect in Spain.

Key rules

• Surrogacy: Surrogacy contracts are void in Spain, and the woman who gives birth is the legal mother.
• Female couples: Both mothers can be registered, married or not, if the non-birth mother gives prior consent.
• Male couples: You can adopt jointly or foster, and international adoption may be closed by the origin country.
• Surrogacy abroad: A foreign birth certificate is not enough; you need a court decision recognised in Spain.

The short answer

Which route you use depends on your couple type. Female couples can register both mothers through assisted reproduction. Male couples can adopt or foster. Surrogacy is not allowed in Spain, and children born through surrogacy abroad are recognised only in narrow ways.

Adoption

Same-sex couples can adopt jointly in Spain on the same terms as different-sex couples. This applies if you are married or, in many regions, registered partners. You can also adopt your partner's child.

Regional child-protection bodies assess your suitability (idoneidad), as they do for every applicant.

International adoption is harder in practice. Many countries of origin do not accept same-sex couples, even though Spanish law does not exclude you. Ask the adoption body in your region which countries currently work with same-sex couples.

Female couples and single women: assisted reproduction

Any woman of legal age and full capacity can use insemination or IVF. Marital status and sexual orientation do not matter. You give free and informed consent. This covers single women and female couples.

Public health coverage now extends to single women and female couples without a medical infertility cause. Limits apply: age (generally under 40 for IVF), a set number of cycles and clinical criteria. Waiting times and criteria differ by region, and many people use private clinics.

Registering both mothers

• Married couples: the non-birth mother is recognised as the child's mother by consenting before the birth is registered. You make a statement at the Registro Civil.
• Unmarried couples: you can also register both mothers. The non-birth mother gives consent in a prior statement at the Registro Civil, before a notary, or on the clinic's consent form. This happens before conception through assisted reproduction, or later with the birth mother's consent.

The child is registered with both mothers named and carries both surnames.

If conception did not happen in a recognised clinic and these conditions are not met, the general filiation rules or adoption apply. Ask your Registro Civil exactly which papers it wants, because requirements vary.

Male couples

You can adopt jointly or take children into foster care (acogimiento). Origin countries often exclude male couples from international adoption.

Co-parenting with a woman or a female couple is possible. Legal parenthood still follows the usual rules. The father must recognise paternity, and the mother's partner may be recognised under the rules for women. Co-parenting is not regulated as such, so get legal advice before you agree anything.

Surrogacy

Surrogacy is not legal in Spain. Any contract in which a woman gives up the child she carries is void, and the woman who gives birth is the legal mother. Do not sign a surrogacy contract for Spain.

No specific crime covers arranging surrogacy as such. Related conduct, such as altering a child's civil status, can still lead to criminal liability. Clinics and agencies can be sanctioned for advertising or brokering it.

Child born through surrogacy abroad

Registration is strict and has been tightening. A birth certificate alone is not enough. You need a foreign court decision recognised in Spain (exequatur), or a Spanish court ruling. Consulates have been told not to accept foreign surrogacy filiation records.

Spanish courts hold that surrogacy contracts are contrary to public order. In practice:

• The intended father can claim biological paternity.
• The intended mother can obtain filiation by adoption.

The best interest of the child can justify a protective exception. Get a lawyer who handles this before you travel or register anything.

Foreign birth certificates

A foreign birth certificate naming two mothers or two fathers can be registered in Spain if three things hold:

• The foreign registry gives guarantees equivalent to Spanish ones.
• The document is legalised or apostilled where required.
• It does not breach Spanish public order.

You submit it to the Registro Civil or a consulate, and the registrar checks each case. For births through surrogacy, a court decision is required.

The documents, checklist, decision guide and questions below cover the practical steps.

Choosing between options

How can you get legal recognition of a child born through surrogacy abroad?

• Recognise a foreign court decision: The child was born abroad and a foreign court issued a decision; you ask a Spanish court to recognise it (exequatur) before registering filiation.

• Claim paternity as the biological father: One intended father is the biological father; he can claim paternity, since the surrogacy contract itself is not valid in Spain.

• Adopt the child: The intended mother or the second parent has no biological link; filiation is obtained by adoption.

A foreign birth certificate alone is never enough: you need a recognised foreign court decision or a Spanish court ruling, and adoption or paternity claims cover the parent without that route.

Documents you need

• Written consent of the non-birth mother, given as a statement at the Registro Civil, before a notary, or on a clinic's consent form.

• Foreign birth certificate naming two mothers or two fathers, issued by a registry that gives guarantees equivalent to Spanish ones.

• Foreign court decision recognised in Spain (exequatur), or a Spanish court ruling, for a child born through surrogacy abroad. A birth certificate alone is not enough.

Checklist

• Give the non-birth mother's consent at the Registro Civil, before a notary, or on the clinic's form before the birth is registered.

• Check whether the child was conceived in a recognised clinic, because otherwise the general filiation rules or adoption apply.

• Do not sign any surrogacy contract for Spain, because it is void and related conduct can lead to criminal liability.

• Get a court decision recognised in Spain before trying to register a child born through surrogacy abroad.

• Have a foreign birth certificate legalised or apostilled where required before submitting it to the Registro Civil or consulate.

Frequently asked questions

Can two men adopt a child together in Spain?

Yes, male couples can adopt jointly in Spain on the same terms as other couples, including the suitability assessment (idoneidad) by the regional child-protection body. International adoption is harder in practice, because many countries of origin do not accept same-sex couples. Foster care (acogimiento) is another route.

Can a single woman or a lesbian couple use a public clinic for IVF?

Yes, single women and female couples can use assisted reproduction, and public coverage no longer requires a medical infertility cause.

Can my unmarried partner be registered as the second mother?

Yes, unmarried female couples can register both mothers if the non-birth mother gives her consent in a prior statement.

Is a foreign birth certificate with two fathers enough to register my child?

Yes, a foreign birth certificate naming two fathers or two mothers can be registered in Spain, if the foreign registry gives equivalent guarantees and the document is legalised or apostilled where required. If the child was born through surrogacy, the certificate alone is not enough and a court decision is needed.