Surrogacy and mobility of human biomaterials

Abstract

The mobility of human biomaterials in Spain is prohibited to be used for surrogacy. Surrogacy is also not permitted in the Spanish legal system. Despite both prohibitions, many people travel abroad to countries where surrogacy is legal to have a baby using this technique. However, it is impossible to verify whether human biomaterials are not transferred to other countries to be used in surrogacy processes. This case perfectly illustrates the double ethical and legal parameter that the Spanish legal system has regarding reproductive medicine in general and against the mobility of human biomaterials.