The Bioethics Committee defends legalizing surrogacy, contrary to the government's opinion.

BarcelonaThe Catalan Bioethics Committee (CBC) has positioned itself in favor of legalizing surrogacy in Spain, given the impossibility of banning this practice on a global scale and with the aim of "protecting" babies, surrogate mothers, and families. It did so in a report to which the ARA has had access, commissioned by the former Ministry of Health, during the mandate of Pere Aragonès and with Manel Balcells at the helm. In this way, the advisory body of the Generalitat (Catalan Government) positions itself against the opinion of the Spanish government, which has already attacked surrogacy several times and which has recently tightened regulations to make it difficult to register babies born by this method in another country as their own children. The current Department of Health has declined to assess the report's content, although the PSC (Spanish Socialist Workers' Party) has positioned itself against surrogacy several times in the past: it considers it a form of violence against women and has called for its abolition.

"We know that with this position we go against the majority sentiment, but it is a very well-considered document. Surrogacy is a reality and will continue to increase. We should not prohibit it, but regulate it so that it is carried out under conditions that respect the rights of all," maintains Núria Terriba. Therefore, they propose that there be a public body to regulate this practice, which should be done "altruistically" but with "fair compensation" for the surrogate mother. For Terribas, the National Commission for Assisted Reproduction could perform this function: it should monitor who participates—both surrogates and families—establish the compensation amount in each case, and authorize them on an individual basis.

The report's coordinator gives the example of egg donation, which is also financially compensated. "It's a physical effort that we can't ask for for free. Fair compensation was established, which, by the way, we established in the committee," she emphasizes. Terribas also emphasizes the need to ban agencies and other intermediaries, as well as impose sanctions if this practice, once legalized, is removed from the public health system: "No one should be allowed to do business; we are against third parties making money by violating women's rights."

The report also argues that exclusion and access criteria should be defined to protect surrogates and babies, such as whether the woman is economically vulnerable or whether there is a risk of a pregnancy that could endanger the life of one of the two. "The quick and easy criticism is that, if we do it this way, we won't have any women willing to take it. Let's regulate it and see how successful we are," Terribas concludes about her proposal. They also warn that not addressing the debate on possible regulation means that people will continue to resort to surrogacy outside of Spain, with "the risks of elitist discrimination, exploitation of vulnerable women, commodification, and poor quality of treatment that this entails."

"A huge mistake"

Terribas is aware that the report will not be well received by "most feminist sectors," who say it is an "unacceptable practice in any case." Instead, she believes that "these currents trample on the rights of women, who should be able to freely decide whether or not to provide" surrogacy. She also attacks the position of the Spanish government, which she accuses of contradicting itself, because on the one hand it defends that all forms of restriction on women's rights should be avoided and, on the other, it prohibits surrogacy, considering it a form of violence against women. "A total ban is a strategic error," she says.

Two weeks ago, Pedro Sánchez's government announced a new instruction that will place more bureaucratic obstacles on "intended parents" to prevent them from "circumventing" the law: the new order invalidates foreign certificates, rulings from international judicial authorities, and any other accompanying declarations. Thus, the Spanish Civil Registry will not accept any of these documents. With this change, it becomes more difficult to register babies born using this method in another country as their own children, and they can only be registered as adopted children.

For the vice president of the CBC, this instruction is "a huge mistake because it undermines the argument of children's rights." Since it will be more difficult to register babies, Terribas warns that, as long as they are not registered, they will not have healthcare or access to schooling: "Is this a benefit for the minor? We will have them as stateless. All the children already on the way will be left hanging." On the other hand, government sources assure that minors will not be left unprotected under any circumstances and emphasize that the instruction aims to align with judicial resolutions to limit this practice and restrict those who are legal limbo which still facilitated surrogacy.