New regarding the legal effects of surrogacy in Spanish Private International Law: the case of Ana García Obregón

Abstract

In this work, news regarding the filiation determined abroad after a surrogacy and the question of its legal effects in Spain will be studied, in line with one of the most recent cases that have occurred in Spain. Ana García Obregón has decided to become a mother through surrogacy in Florida at the age of 68, with genetic material from her son who died three years ago and we have to ask ourselves if the legally established affiliation in Florida can have legal effects in Spain. Despite being an issue with large ethical and moral components, of great social impact, the work will focus exclusively on providing solutions to the problems of strict private international law, taking into account the solutions offered, in this regard, by the Spanish Dirección General de los Registros y del Notariado —actually Dirección General de Seguridad Jurídica y Fe Pública—, the courts of justice and especially the Spanish Supreme Court as well as the European Court of Human Rights, taking into account the extraordinary relevance of the facts.