Social protection for maternity in cases of surrogate gestation: the prelude to a jurisprudential change ?. With regard to the STSJ País Vasco (social) of 13 May 2014

Abstract

Gestation agreements are void by replacing illegal in Spain, since this technique human reproduction is expressly prohibited by Article 10 of Law 14/2006 of 26 May. This does not necessarily mean that filiation is recognized via a foreign law under private stay in Spain effects. In fact the Directorate General of Registries and Notaries has recognized the registration and affiliation of this nature, although the most recent civil case (STS 02/06/2014) denied the validity of this affiliation because of international public order. Beside the DGRN, social jurisdiction has starred Pro line recognition of legal effect in Spain on this affiliation, recognizing the right to benefits and maternity benefits, because of higher interest born that is the primary asset legally protected with these benefits from Social Security system. However, from two judgments of the ECJ and the change occurred in the civil order, seems an interpretive line down "STSJ Basque Country of 13 May 2014", have opened here whose foundation is assessed critically.