Visión general sobre el régimen registral de la filiación de los nacidos en el extranjero mediante gestación por sustitución

Abstract

RESUMEN: Reproductive technologies assisted in recent years have gained great prominence on the international scene. Many families have decided to cross borders to undergo these technologies, in particular, the well-known surrogacy arrangement. The problem arises when the effects of these contracts for are recognized in States where this practice is not permitted, as is the case in Spain. The criteria for admission of parentage determined by foreign authorities has varied over the last decade, from the DRGN Resolution of 2009 to the Instruction of 18 February 2019.Despite these attempts to regulate the matter, cases in which parentage is accredited by the competent foreign authorities through a registration certificate, are in a situation of uncertainty and insecurity, legally speaking, as is the case in Ukraine. In the present work, a chronological analysis of the national legislative sources regulating this matter is made, as well as the jurisprudence issued by both national and international institutions, and possible future solutions.

ABSTRACT: Reproductive technologies assisted in recent years have gained great prominence on the international scene. Many families have decided to cross borders to undergo these technologies, in particular, the well-known surrogacy arrangement. The problem arises when the effects of these contracts for are recognized in States where this practice is not permitted, as is the case in Spain. The criteria for admission of parentage determined by foreign authorities has varied over the last decade, from the DRGN Resolution of 2009 to the Instruction of 18 February 2019.Despite these attempts to regulate the matter, cases in which parentage is accredited by the competent foreign authorities through a registration certificate, are in a situation of uncertainty and insecurity, legally speaking, as is the case in Ukraine. In the present work, a chronological analysis of the national legislative sources regulating this matter is made, as well as the jurisprudence issued by both national and international institutions, and possible future solutions.