What is the legal context for surrogacy in Spain, at a high level?
Status as of [date], reviewed by counsel.
This page is for intended parents who live in Spain and are considering gestational surrogacy in the United States. It explains how a Private Label Surrogacy (PLS) journey works from Spain. It is not legal advice about Spanish law. Every statement here about Spanish law, registry practice or recognition of parentage is a high-level summary, and your Spanish attorney advises you on your own case.
Spanish law treats surrogacy contracts as null and void. Spanish practice has nonetheless recognized children born through surrogacy abroad, through registration of the genetic parent and adoption or a judicial route for the other parent. Recognition has followed registry instructions and court rulings that have changed over time.
Because the route has changed more than once, the date at the top of this page matters, and so does your own attorney's advice on the day you sign. Before you sign with PLS, meet a Spanish attorney who handles international surrogacy files. Ask:
- What is the current route to registering our child, for the genetic parent and for the other parent?
- Which US documents does the registry or consulate expect today: parentage order, birth certificate, apostille, sworn translation?
- Does it matter which of us is the genetic parent, or whether donor gametes are used?
- Should anything in the US agreement or the parentage order be worded with the Spanish file in mind?
- How long does registration take, and what is the child's status while it is pending?
- If an adoption or a court process is needed for the second parent, when is it filed and how long does it take?
Share the answers with Jan Telman Berman, PLS's Global Surrogacy Coordinator. Your US documents are then prepared for the Spanish file from the first month, not assembled after the birth.
Why do Spanish parents choose the United States?
The United States has long been the leading destination for Spanish families because a US court parentage order and an apostilled birth certificate are the documents Spanish consulates and registries work from.
The other reason is enforceability. In Illinois, the Gestational Surrogacy Act, in force since 2005, makes a compensated gestational surrogacy agreement enforceable when its requirements are met, and provides for the intended parents' parentage before the birth. PLS places surrogates in surrogacy-friendly US states. The law of the state where the surrogate lives and delivers governs each journey, and your US attorney explains the parentage process for that state.
What a PLS journey adds:
- Nurse-led matching. Nancy Block, RN, founded PLS in 2017 after 17 years as an OB/GYN and fertility nurse at Northwestern Memorial Hospital, and runs matching personally. She has spoken at assisted reproduction conferences in the US, China, Israel and Europe.
- A physician's medical review. Mark Silverberg, DDS, MD, reads every surrogate candidate's prenatal and delivery records and writes a physician medical summary for your fertility clinic.
- Independent professionals. PLS does not employ attorneys, psychologists or escrow agents, and takes no referral fees from them.
- International experience. Jan has coordinated national and international cycles for more than 18 years.
PLS works with married couples, single parents and same-sex couples. The route for a second father is a question for your Spanish attorney; see the LGBTQ surrogacy page for how PLS runs those journeys.
Plan on 18 to 24 months from signing to birth, paid in US dollars. The total typically runs $150,000 to $210,000, including clinic fees and insurance.
How does registration at the Spanish consulate work?
Procedures and requirements for registering a child born through surrogacy change; your Spanish attorney confirms the current route before the birth. PLS prepares the US documents the consulate asks for.
What PLS does on the US side:
- Builds one document checklist from your Spanish attorney's instructions.
- Coordinates the parentage filing with your US attorney and the surrogate's attorney.
- Makes sure the hospital knows who the intended parents are before labor.
- Tracks each document as it is issued, so nothing is missing when you go to the consulate.
You and your attorneys handle the filings themselves. PLS is not a law firm, and it does not employ attorneys.
What role do the court parentage order and apostille play?
The US parentage order establishes the intended parents as the legal parents under the law of the state of birth. The apostille certifies US documents for use in Spain. Together they are the core of the Spanish file.
| Step | What it is | Who handles it | Typical timing |
|---|---|---|---|
| Pre-birth order | Parentage established before birth, where the state allows it | US attorneys for you and for the surrogate | Second trimester |
| Birth certificate | Birth record issued by the state of birth | Hospital and state vital records | After the birth |
| Apostille | Certification of the parentage order and birth certificate for use in Spain | Your US attorney or the issuing state | After the birth certificate |
| US passport | The child's US passport, subject to the August 6, 2026 executive order now under litigation | You, with your US attorney | Before departure |
| Consular registration | Registration of the child with the Spanish consulate or registry | Your Spanish attorney | [typical timing to confirm with counsel] |
| Second parent | Adoption or judicial recognition of the non-genetic parent | Your Spanish attorney | [typical timing to confirm with counsel] |
A federal executive order dated August 6, 2026, on citizenship for children born through compensated surrogacy to two non-citizen parents is under litigation. It may affect whether a child born to two Spanish citizen parents receives a US passport. See citizenship and passport for the current status.
How is the journey paid in US dollars from Spain?
You pay in US dollars, by international wire, to an independent licensed escrow agent. PLS never holds your money for the surrogate or third-party services.
| Payment | Amount | Paid to |
|---|---|---|
| Escrow deposit at match | $10,000 | Independent escrow agent |
| Escrow balance before medications | Balance of the compensation package and third-party costs | Independent escrow agent |
| Third-party costs | $15,300 to $29,000, paid from escrow | Attorneys, escrow, psychologist, background checks, insurance review, travel, monitoring |
| PLS program fee | $47,500, paid at signing, surrogate acceptance and medical clearance | PLS |
| IVF and clinic fees | Set by your clinic | Your fertility clinic |
The exchange rate between the euro and the dollar is your risk. Many families convert in two or three tranches to spread it. You may choose your own escrow company. The agent sends you a ledger of every disbursement, which your Spanish attorney can use. PLS has used independent escrow since 2017; the Surro Connections collapse in late 2025 and the SEAM escrow failure, which involved more than $16 million, are why that matters. See currency and escrow.
When do you travel and how long do you stay after birth?
Most Spanish families travel twice.
For embryos. If you are creating embryos in the US, you travel for egg retrieval or sperm collection at the clinic you choose. PLS works with 14 partner centers, including Kindbody, Shady Grove Fertility and Fertility Centers of Illinois. [Typical length of the embryo trip: confirm with Jan.]
For the birth. You arrive before the due date and stay until the US documents are issued and your attorney clears you to fly. [Typical post-birth stay for Spanish families: confirm with Jan and counsel.] Leaving the US with your baby walks through the last weeks.
Between trips, everything runs remotely. Today it takes about 9 months from signing to meeting a surrogate, and PLS's target is 6 months or fewer. Legal and medical foundations take 1 to 2 months, the medical cycle 2 to 3 months, and the pregnancy test comes 9 to 11 days after transfer.
How does PLS support Spanish-speaking parents?
PLS arranges Spanish-speaking interpreters and refers to bilingual US counsel. Current language coverage is being confirmed with Jan.
The support has names attached. Jan coordinates your cycle and your document checklist from signing to departure. Nancy runs your match. A case manager, Natalie Gaudio-Fricano or Jenni Symons, carries the pregnancy; both have been surrogates themselves, and Natalie delivered a baby boy for an international couple in 2016. Julie Bendix, MPH, RD, gives your surrogate at least six nutrition consults across the journey. Calls are booked for hours that work in Spain.
Sources
- Private Label Surrogacy program terms: escrow funding schedule, timeline and cost ranges.
- Illinois Gestational Surrogacy Act (2005), Illinois General Assembly. Pending review by counsel.
- Spanish law and registry practice on children born through surrogacy abroad, summarized at a high level. Pending review by Spanish counsel.
- Federal executive order of August 6, 2026, on citizenship for children born through compensated surrogacy. Under litigation; pending review by counsel.