Análise da questão da maternidade por substituição segundo a recente jurisprudência europeia e espanhola

The aim is to establish the current state of surrogacy after the ECtHR and Spanish courts’ legal rulings over the past 10 years. We begin with a prohibition of surrogacy contracts in many European countries and the attempt to recognise birth or parentage certificates based on the possession of status of children born abroad through surrogacy contracts. In reaction to the initial resistance citing international public order, the pathway for recognition in Europe was influenced by the ECtHR’s consideration that this refusal posed an unjustified interference in the minors’ private and family life. In certain cases, this pathway has consolidated the option of establishing the biological father’s parentage and allowing the other member of the intended couple to adopt.