The Network of European LGBTIQ* Families Associations (NELFA) expresses deep concern over the recent decree by the Spanish government that prohibits the registration of children born through surrogacy abroad. This policy change not only undermines the rights of LGBTIQ families but also sets a troubling precedent that may embolden similar actions in other European countries.
After Italy, which has criminalized cross-border surrogacy with financial penalties and prison sentences, Spain is now following by banning the registration of children born abroad through surrogacy at its consulates. Surrogacy is facing an unprecedented attack, and same-sex parent families—particularly the children—are being subjected to an increasingly hostile and troubling climate of prejudice and discrimination.
The Spanish government’s decision to ban its embassies and consulates from registering children born via surrogacy in foreign countries effectively nullifies the recognition of parentage for many families, particularly affecting same-sex couples who have relied on international surrogacy to build their families. This move disregards the best interests of the child and the principle of legal certainty for families who have acted in good faith under previously accepted practices.
As mentioned, this development is not isolated. In Italy, the government has extended its surrogacy ban to criminalize citizens who seek surrogacy services abroad, imposing severe penalties that disproportionately impact LGBTIQ families. Such actions reflect a broader trend of increasing hostility towards LGBTIQ families across Europe, often fueled by the rise of far-right ideologies that seek to undermine the diversity and inclusivity of modern societies.
NELFA has consistently warned against the growing attacks on LGBTIQ families and the erosion of their rights. These measures not only threaten the well-being of children but also challenge the fundamental values of equality, dignity, and respect that are cornerstones of democratic societies. We believe that policies should be guided by compassion and a commitment to human rights, rather than by exclusionary ideologies.
National policies that ignore or sidestep these rulings not only fail families—they breach well-established European legal standards. European courts have made it clear that these rights are not negotiable. The European Court of Justice has ruled that member states must recognize the legal parenthood of children established in another EU country, even if it results from surrogacy, in order to uphold the child’s right to free movement and family life under EU law. Similarly, the European Court of Human Rights has emphasized that children born through surrogacy abroad must have their legal relationship with intended parents recognized to protect their right to private and family life under Article 8 of the European Convention on Human Rights.
We stand in solidarity with our Spanish members and all LGBTIQ families across Europe who are affected by these regressive policies. NELFA calls upon all allies—LGBTIQ and non-LGBTIQ alike—to unite in opposition to the rise of far-right narratives that seek to marginalize and disenfranchise our communities. Together, we must advocate for inclusive policies that recognize and protect the diverse realities of families in Europe today.
