It has been happening for years: when the object of the crime is a baby, the application of the law is diluted for the sake of the child's well-being. That is the back door through which so many babies acquired in the legal surrogacy market enter Spain: Russia, Ukraine, Georgia, Kazakhstan, Belarus... or some states of the mythical USA, which are so advanced. in the eyes of the grandmothers-mothers of national fame.
It does not matter that a country observes in its laws that surrogacy is a void contract, since surrogacy cannot be agreed upon nor can the surrogate's parentage rights be subtracted by contract. In the eyes of the law, that contract has not existed: the one who gives birth is the mother. But once they arrive in Spain, these babies are well received along with their buyers, since an exception is applied for the benefit of the minor in the Civil Registry and whoever "surrogates" is recognized with maternity benefits instead of applying the legal consequences of violate fundamental rights. Those of a woman who they say is altruistic (although in petit committee they complain about how expensive the child has become).
Well, any attempt to find a solution by an EU member state was aborted last week in the plenary session of the European Parliament, which supported the European Commission's proposal that all EU countries must recognize filiation. legal status of children of LGTBI couples obtained in another Member State, and thus ensure that all European children enjoy the same rights when they move within the common space, regardless of the way in which they were conceived or born.
The European Parliament has an advisory role but the reform makes clear its support for “automatic” recognition throughout the EU. And it states that national authorities may not recognize filiation only in exceptional circumstances, when it is "manifestly incompatible with public order." The right of the child to “not be discriminated against because of the family to which he belongs” continues to be the back door through which women's rights are violated...
Merry Christmas, and enjoy it.
