Case number and/or case name
International Surrogacy. Roj: SAP V 5738/2011 - ECLI:ES:APV:2011:5738 Id Cendoj: 46250370102011100707
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
23 November 2011
CJEU's case law cited by the court
Summary
The following is an international surrogacy case transacted in Spain. The matter of the case is the allegation of a public policy exception on the basis of Rome I Regulation provisions in order to impede the official registration in Spain of two children who were born in the United States of America.
The party´s claim is the birth registration of two children born after an international surrogacy arrangement in the Spanish civil registry of Los Angeles (USA).
Court judgment: the court rejects the registration of the babies in the external civil registry for it is contrary to Spanish public policy (surrogate motherhood is not legal in Spain). National mandatory rules must be observed in the terms of art. 9.1 of Rome I Regulation.
The court applies the doctrine of respect for overriding mandatory provisions which must be regarded as crucial by a country for safeguarding its public interests, according to Rome I Regulation provisions.
Appeal history (not available in the database):
Court judgment: Juzgado de Primera Instancia núm. 15 de Valencia. Spain. (first instance court).
Date:15-09-2010