Why the Civil Chamber of the Supreme Court is wrong in its approach to parentage through surrogacy abroad and the French Civil Cour of Cassation is right

Abstract

The regression that has occurred in Spain with the Instruction of the General Directorate of Legal Security and Public Faith in April 2025, which establishes the impossibility of recognizing parentage abroad through surrogacy, assuming the erroneous jurisprudence of the Civil Chamber of the Supreme Court, contrasts with the recent advances that have occurred in France introduced by the guarantees that the French Court of Cassation demands for these filiations to be recognized in that country, applying the international public order clause in a measured manner and oriented towards the best interests of children born through surrogacy.