Cross-border challenges in surrogacy: an analysis of the spanish and portuguese systems

Abstract

This article examines the legal recognition of parentage resulting from surrogacy abroad, specifically analyzing the regulatory systems of Spain and Portugal. It explores legislative divergences, judicial and administrative practices, and the balancing of the child’s best interests against public order and the protection of the surrogate’s dignity. Spain adopts a restrictive approach, recognizing parentage solely through biological ties or adoption, whereas Portugal allows, under strict conditions, recognition in favor of intended parents even when contracts are null. The study highlights normative disparities and challenges arising from transnational mobility, emphasizing the need for harmonized mechanisms to ensure effective protection of parentage and children’s rights.