Surrogacy in Spain is prohibited. Spain is within the four European countries that have the most negative attitude towards surrogacy. But, unlike Germany, Italy, and France, a punishment for carrying out such a procedure doesn't exist in Spain.
Other reproductive methods of infertility treatment are used in Spain legally. For example, anonymous egg and sperm donation (including for a fee) is allowed.
The unavailability of surrogacy in the country makes Spanish families look for opportunities in other countries where a woman may become absolutely legally a surrogate mother for their child. The legislation of 2010 doesn't prohibit Spanish infertile couples to use surrogacy services in the countries where it is legal. But the childbirth by a surrogate mother in another country entails certain difficulties for Spanish citizens.
In February 2014, the government of Spain has suspended granting citizenship to children born by a surrogate mother abroad. The Supreme Court of Spain has denied the citizenship of a child born in such a way in the USA. The law of 2006 prohibitingto involve foreigners as surrogate mothers served as the ground. Although till that time,the Spanish authorities didn't impedethe issuance of documents for newborn babies who came into the world in the countries where surrogacy is officially allowed.
As a result, a conflict of laws arose which has caused extreme discontent among surrogacy supporters in Spain. Social activists demanded from the government to amend the Spanish legislation regulating the registration procedure of children born using surrogacy in other countries. In support of this demand, more than seventy thousand signatures have been collected. However, the Ministry of Justice of Spain has taken the decision to restore in the nearest future the right for granting the Spanish citizenship to children born in the territory of other countries.