The Section 18 of the court of Barcelona has rejected agree to the adoption of two minors born with surrogate motherhood of a thai mother by a man, romantic partner of the biological father, since which outweigh the best interest of the child and the rights of the mother, has informed the high Court of Justice of Catalonia (TSJC).
The Audience has in mind, in your car, which do not meet the requirements for the constitution of adoption , especially because you do not know that the pregnant mother had the opportunity to be heard in a contradictory process “with full guarantees for their rights” and that its waiver of or consent to the adoption is done with freedom and knowledge of the consequences.
Estimated that the adoption must be abide by the law, “with scrupulous observance of the principle of the best interests of the child but with guarantees for the rights of the pregnant mother”, and denies that it is sufficient to the contract of surrogacy that was signed by the father, and she, in the which reflected that the mother’s waiver of her parental rights.
According to the contract presented, the mother agreed that three days after giving birth to the child be granted the right to have the custody to the father and relinquish parental rights “and will end their maternity leave”, when in Spanish law you can only make this waiver after six weeks from delivery, so that the agreement is null and void since you can’t validate a consent prenatal.
Also have in mind that the documentation of foreign provided to solicit such adoption is not properly legalized, and the genetic tests they are not accompanied by translation.
The self thus confirms the decision rendered by a court of first instance and instruction than you already dismissed the possibility on the part of the plaintiff to adopt two children of their partner, after which included an appeal to the Audience.
“Prohibited” in Spain,
The court recalls that the gestational surrogacy “is a practice prohibited” in Spain, and that the law considers null and void the contracts made in other countries where it is considered legal.
Remember that the children were born in Thailand as a result of a procedure of surrogacy or substitution, and that the mother is not a party in this procedure.
The resolution sets out the jurisprudence on the matter, since the rules of the Directorate-General of Registers and Notaries (DGRN), the Supreme Court (TS) and the European Court of Human Rights (ECHR) as well as the requirements of the Codi Civil standard of reference in this case, and in accordance with the general principles of the Convention on the Rights of the Child, adopted by the United Nations.
note, for example, that the Supreme Court cited that article 3 of the Convention on the Rights of the Child considers that the best interests of the child is considered of paramount, and that has to conjurarse this principle with others as respect for the dignity and moral integrity of the pregnant woman.
According to the Convention, “the child shall be registered immediately after birth and shall have the right from birth to a name, to acquire a nationality and, as far as possible, to know their parents and be cared for by them.”
