Surrogacy processes

Before initiating a surrogate maternity procedure it is very important to get informed about what surrogacy is, as well as notifying your professional counselors of any relevant information regarding your individual, clinical and legal circumstances (nationality, marital status, place of residence, etc.). As we say, “every case is a world of its own” which, when it comes to surrogate maternity, means that the legislation and indeed the reality of the matter are very diverse and vary country to country. Not all countries are suited to meet the demands of each individual. This is why it is important to first identify which country’s legal standing and general regulations best suit the situation of each individual client. We at Intraius have the required experience to reassure our clients that the country they are oriented to chose for their surrogacy program is right for them. Similarly, the independence that we always regard highly for ethical reasons, in combination with the expert knowledge of the sector and its actors allow us to advise our clients with second opinions and provide them with additional information regarding the agencies or clinics that they might have contacted or been contacted by, for their utmost security.

Because of the complexity of the subject, from a legal point of view and because of the various economic motives that can also play a part, we advise you not to simply take the word of the information that can be found online (in forums, blogs, etc.). Instead, we invite you to an initial appointment with us free of charge, either face-to-face or via Skype/Zoom/et., so that we can get to know the intricacies of your case, clarify any uncertainties you may have relating to surrogate maternity and point you towards the best possible solution.

We have assisted more than 500 clients of different nationalities and different legal statuses, which has allowed us to develop a deep and first-hand knowledge of the various national legislations, as well as training and preparing us to overcome new challenges. Thanks to this, we are proud and happy to be able to advise not only Spanish clients, but people from anywhere in the world.

With regards to the provision of our advisory services, we draw up a contract with our clients which clearly details the rights and obligations of all the parties.

Surrogate maternity is often the only option left for couples, or the only possibility for single parents and homosexual couples. This reality means that, in most cases, the future parent(s) must get the genetic material from donors.

The genetic element is very important, as genes are what determine a person’s physical characteristics and personality, which is a key aspect for future parents. Once more, thanks to our experience and first-hand knowledge, we are able to guide our clients in the best way possible towards the optimum solution for them in terms of the different possibilities offered by each country within their respective legislations and egg donation practices. In fact, we have observed great variety in terms of legislation and practices on genetic material, and this varies from country to country: there are countries that allow access to extremely detailed donor information (including pictures of their children), and there are countries that maintain the privacy of donors, who may remain anonymous.

This is a highly important factor, and for this reason the surrogate mother is usually chosen by doctors based on medical parameters and her compatibility with the donors’ characteristics. However, if you prefer, we at Intraius are prepared to guide you through every country’s legislation and practice in order to inform you about your rights for the choice of a surrogate mother. In any case, we are at the side of the parents to supervise all the process of negotiation of the agreements with the surrogate mother, as well as for the drawing of the contract that reflects such agreements.

We personally accompany you to your chosen country for the start of the process. We will be at your side since the very first steps of the program, starting with the signature of the contracts at the clinic of your choice. We will advise you and, if necessary, mediate negotiations and revise contracts between you, the clinic and the surrogate mother. This is one of the key moments from a legal point of view, so we believe that it is very beneficial for you to make the most of this qualified help at this stage. We have members of staff in Kiev, Moscow, and Mexico City, assuring a direct and close relationship with clinics. In countries like Greece and the USA we work with the best local law firms, however we will always ensure you are personally accompanied in the key phases of the process in these countries, and in any others where it is possible to initiate a surrogacy procedure with all the legal and medical guarantees.

We advise and inform our clients throughout the entire duration of the process.

What makes us stand out compared to agencies and intermediaries is that Intraius is the product of three of the best lawyers in surrogate maternity joining forces, with years of relevant experience and who have won some of the most complex cases pertaining to Spanish citizens stuck abroad (we are able and prepared to assist clients from different countries), whereas agencies and intermediaries that dedicate themselves to this subject do not have lawyers on their side, or are simply families who have succeeded in becoming parents through surrogacy that handle mere intermediation.

After the birth of your child, all you have to do is to enjoy this precious and unforgettable moment. We at Intraius gather all the necessary documentation and take care of the procedures pertaining to the registration of the newborn in the eyes of the authorities in the country of birth, as well as obtaining a travel document. We also prepare the necessary documents for the procedures that will need to be followed in your country of origin/residence. When the gathering of the document for the baby’s registration is a service already provided by your clinic or agency, we monitor such process and make sure that all the documents are correct; more than once we were able to anticipate or solve problems and allow our families to return to their home country as soon as possible.

After making a request to the consular authorities and obtaining the necessary travel documents for returning to their home country, we are present while the parents and the newborns go through customs controls (for countries outside the Schengen area) or are about to embark on their journey home. Having to bring somewhat unconventional documents with you, for instance a safe passage letter, can sometimes cause setbacks and tense situations. All in all, our mission is to ensure that you return home to your country of origin without complications.

International marriages (that is to say, when spouses have different nationalities or dual-nationality) get a special mention in the phase of obtaining travel documents and registration. In some cases, this diversity of nationalities may be a useful resource as there are countries that regard international surrogate motherhood as a more favourable or open treatment than others. In some cases, it is possible to get direct recognition of the affiliation in favour of the two intended parents without the need for adoption by the mother in the country of origin, thus avoiding the double nationality of the child. Once again, the deep knowledge of private international law and the extensive experience gained through many years of advising clients with different nationalities assert us as the most experienced and expert professionals in this field, allowing us to find the solution that best suits the needs and individual characteristics of our clients.

This is one of the tensest moments in the whole process for a new parent. That is why we, as your lawyers, are present with you during this phase, be it in the country of birth or back at your country of origin. It is important to know that not all consulates operate and treat this topic in the same way. It also must be taken into account that surrounding this matter there is an area of little legislation which is in a state of constant evolution, meaning that the registration criteria for minors can suddenly change without notice. For these reasons, we wish to highlight to you the importance of being advised and accompanied by an expert lawyer for matters such as these, rather than just an employee of an intermediary agency who may not have adequate resources to be able to handle the situation.

In some cases it is sometimes necessary to carry out either an adoption procedure or a recognition of parentage, depending on the country in which the surrogacy procedure was carried out. These procedures can be in relation to either the commissioning mother or to both intended parents.

Our team of lawyers will personally take care of said procedures. For your peace of mind, we can proudly say that we were the first agency legal practice in all of Spain to obtain recognition of the parentage of both intended parents without the spouse having to adopt the newborn (Court of Fuenlabrada, Madrid). Each year, we present more than 200 conjugal adoption cases across Spain, with excellent results. Only on two occasions have we had to appeal a judicial decision to successfully complete the adoption ruling. However, in this second phase the Court explained the reason to us and eventually recognised the parentage of the Spanish commissioning mother.

Even though a half of our clients come from Spain, we are proud to say that we have the same rate of success with clients from other countries, such as France, Italy, Germany, Norway, Portugal, Argentina. In coordination with a local law firm (when needed), we supported clients from the above mentioned and other countries to apply and obtain the legalization of their children.

It is also important to highlight our experience and success in winning surrogacy cases in which the intended parents have contributed no genetic material to the child. In these cases, too, we have always ensured that our clients can return home from various countries, as well as assuring recognition of parentage of both parents, despite having contributed no genetic material.

All the information we provide on this page about the process, as well as the professional experience we have already mentioned and use to endorse ourselves, is based on real previous cases, and you can easily verify these to put your mind at rest. In this sense we can provide you with more references with which you can judge our affirmations, and you can also get in contact with any of the clients of different nationalities we have assisted in the past if you so desire. Our clients can tell you about their own experiences and provide you with more references on us as a firm.