American dad, Hispanic mother and surrogacy in Dallas, TX

Hello doc, my wife is Spanish and I was born here in Dallas TX… We’ve been living in Spain for a while, but for a number of reasons we’re coming back home, planning to have a baby through surrogacy cos she can’t bear a pregnancy herself. We are not married, though – don’t know if this is important. Our plans include coming back to Spain by 2018, not sure yet. The problem is, we don’t know if our baby will get Spanish nationality once we try that… or elsewhere in Europe. Problem? Thx xx

Dear Adrian white,

The United States is the most experienced of all other countries in the field of surrogacy, as well as one of the safest in terms of legal safeguards when it comes to coming back to Spain.

In the US states where it is allowed, a trial is held prior to the embryo transfer to the surrogate’s uterus. Such trial gives the intended parents a court ruling that recognizes their right to be the legal parents, thereby putting on record that the surrogate has no right to become the legal mother of the unborn child. Such court ruling allows the IPs to visit the Spanish Consulate in the USA, and once there be given the passport of the baby, so that they can come back to Spain. With it, the Spanish Directorate General for Registers and Notaries allows the intended parents to register the birth of their child in Spain as a Spanish citizen.

When surrogacy takes place in the United States, children born by surrogacy are entitled to dual nationality, that is, Spanish and American nationality. In your case, because you are an American citizen, and your wife is from Spain.

Particularly in Texas, it is a requirement that the IPs are married to each other, and have been living there-they or the surrogate-for at least 90 days . Nonetheless, surrogacy is allowed in a wide number of US states.

I hope I have been able to help,

Best regards