It’s been a long time since a piece of news, the content of which has been divided into two exclusives published seven days apart, did not cause such a stir in public opinion. When this debate spills over into realities of international scope not legally regulated in Spain, experts see the opportunity to once again propose a universal regulation that encompasses bioethical limits that truly preserve the best interest of the minor. It would not be the first time that the commotion caused by a piece of news in society has resulted in the implementation of a regulation which, by all accounts, already seems inevitable.
“Ana Obregón has been a mother, by surrogacy & rdquor ;. This is how the dosed news began, a week ago, and with it the reopening of the recurring debate every time a celebrity uses this medium to fulfill your wishes to be a father or mother; to end up entrenched until the next celebrity.
Law 14/2006 on assisted human reproduction techniques considers null and void the contract by which the gestation is agreed, with or without price, by a woman who renounces maternal affiliation in favor of the contracting party or a third party.
Despite its illegality, over the years the problem has been making its way, The authorities being forced to take charge of the situation in the interest of minors, who must be protected under a filiation and this, by common sense and international jurisprudence, has consisted of accept factual reality.
Therefore, despite the illegality of the surrogacy contract in our country, but emphasizing it in its operative part, the instruction of October 5, 2010 of the General Directorate of Registries and Notaries facilitates the cross-border continuity of the filiation relationship provided that this has been declared by a foreign court and is subject to ‘exequatur’ (recognition and execution in Spain).
Therefore, like many Spaniards, Ana Obregón has moved to another country where it is legal to achieve his wishes, and after the bureaucratic procedures, he would move to Spain. Debate concluded, if it is not due to the other circumstances that accompany it.
“Ana Obregón has been a mother by surrogate pregnancy at the age of 68 & rdquor ;. It is a controversial age: it exceeds the retirement age, and of course the women’s menopause. More than her mother, she could be her grandmother. In Spain, at that age she is not allowed to adopt. In fact, there are many cases in which, in the event of abandonment of a grandchild, the Administration would assume the guardianship functions suspending the parental authority of the parents. A 68-year-old grandmother is ruled out as an extended foster family (it is not a legal criterion, but it is factual in practice that we see in the office).
Precisely six years ago the social services assumed the guardianship functions of the twin sons of a woman from Burgos, who became a mother at the age of 64, for finding signs of lack of protection.
However, Ana Obregón has traveled to another country where, in addition to usual, it is legal. And her age is no longer something surprising, since she has a history of Carmen (Tita) Cervera, who in 2006 was the mother of two twins, five years after being widowed by her husband; when she was 64 years old.
In the same publication this week, Tita Cervera supports Ana Obregón based on the fact that in her case there was hardly any public controversy, without taking into account that it was almost 20 years ago, and that the news spoke of an adoption process and not surrogacy until after a time…
However, the latest publication includes Obregón’s demonstrations, which are the ones that warn of the need for universal regulation where the limits are established, always by virtue of the best interests of the boys and girls.
Ana Obregón has become a mother, by surrogacy, at the age of 68, with genetic material from his son, who died in 2020: “This girl is not my daughter, but my granddaughter & rdquor ;. One more twist to the debate that leads to the conclusion that Ana Obregón’s wishes only find a solution in surrogacy in another country, since in Spain she would never have been able to use her son’s sperm to gestate a grandchild, since that He passed away three years ago without having a stable partner or spouse. In Spain, ‘post mortem’ fertilization is only allowed between people who form a stable union of couples or heterosexual marriages; under the premise that the deceased husband has given his express and prior consent. As is to be understood, the filiation of a deceased man can only be done in this case, as long as the genetic material is from the deceased, but also, within the non-extendable period of 12 months.
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According to the statements of Ana Obregón herself, the baby is legally registered as her daughter, but she is going to raise her like a grandmother. You should not forget that, by virtue of the instruction of October 5, 2010 (updated by February 18, 2019), once in Spain, in order to ensure that all guarantees are met, you must start the corresponding file, with the intervention of the public prosecutor. Likewise, in the event that the Administration considers that the basic needs (Not only physical and material, but emotional) of this girl are not covered and that the care by the (legal) parent is not adequate because it psychologically affects the stability of the minor, she could intervene without judicial control, and assume the guardianship functions ‘ex lege’.
The “best interest of the minor & rdquor; is not a vague concept, and does not only cover the rights of the minor to have a filiation recognized, Rather, it extends to the responsibility of their parents or guardians to provide them with everything necessary to cover their material, physical, and emotional needs.