In Spain Surrogacy is legal: Article 10 of Law 14/2006 of 26 May on Assisted Human Reproduction Techniques provides that the contract by which pregnancy is appropriate, with or without price, by a woman who loses her right on the child born in favor of the contractor or third party.

However, Instruction October 5, 2010 by the Directorate General of Registries and Notaries been left without effective content banning surrogacy contemplating enrollment in the Registry Office of Children of this technique provided that the procedure has been carried out in a country in which this technique is regulated, that one of the parents is Spanish and there is a court order to ensure, among other things, the rights of the pregnant woman. The endorsement made in our records not containing the name of the surrogate.

This creates a significant discrimination between those Spaniards who can afford treatment outside our borders and who can not.