11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? According to the article 10 in the LTRHA it is not allowed the birth of children through surrogacy in Spain. The conduct of them, who by means of economic compensation, put a child, a descendent or a minor in charge of a person with no filiation or familiar relationship, eluding the legal proceedings for custody, guardianship or adoption, with the purpose of stablishing a relation similar to the filiation, is classified as a criminal activity by the Criminal Code art. 221. This crime is punishable by two to five years imprisonment and by four to ten years disqualification to exercise the right of parental authority, curatorship, custody or guardianship. According this same article 221.2, the person who receives the minor and the intermediary are also punished, even though the delivery had taken place in a foreign country.
a. surrogate mother Yes
b. intended parent(s) NA
c. gamete donor Yes
d. facilitator Yes
12. Subject to the applicable law, are you aware of the following unlawful practices in your country? No
a. remuneration of the surrogate
b. remuneration of the gamete donor
c. advertising for surrogacy services
d. remuneration of facilitators
e. any other unlawful practices (please specify)