The loss of in­terest (of the child) when born by sur­rog­ate moth­er­hood

De­vel­op­ment sum­mary

Lorena Sales Pal­larés con­siders the di­ver­gence between the courts and the DGRN over re­gis­ter­ing the fi­li­ation of chil­dren born through sur­rog­acy in Spain. She argues that the legal con­tra­dic­tions gen­er­ated by as­sisted re­pro­duc­tion are par­tic­u­larly acute in sur­rog­acy and that in­ad­equate reg­u­la­tion com­prom­ises the child’s best in­terests. After the Su­preme Court closed off re­gis­tra­tion, it iden­ti­fied ad­op­tion as a means of pro­tect­ing chil­dren’s in­terests; sub­sequent de­cisions, how­ever, do not sug­gest that ad­op­tion is the quick­est or most ap­pro­pri­ate route, and the art­icle con­siders op­tions in­clud­ing re­cog­ni­tion out of com­pla­cency and at­ten­u­ated public policy.