MADRID, 5 Abr. (EUROPA PRESS) –

Using the sperm of a deceased child is illegal in Spain, where the genetic material is only possible to fertilize the woman or partner of the deceased, and only in the 12 months following the death. Although, it is possible to do it in the US, where the courts have even allowed the ‘post mortem’ extraction of a son’s semen.

The debate arose after learning that the presenter Ana Obregón has used the semen of her son, who died three years ago, to become a mother by surrogacy in Miami, after he stated that it was his last will.

In Spain, Law 14/2006 of May 26 on Assisted Reproduction Techniques refers in article 9 to the possibility that the husband or partner of the person who is undergoing fertility treatment may give consent for his semen to be be used in the 12 months following the death to fertilize your wife or partner.

From Legálitas they specify that this reproductive material can never be used to conceive a child by surrogacy since said contract is null and void in Spain, where this practice is illegal.

Therefore, they point out that the consent for other people to make use of the genetic material of the deceased man “has no place in Spain” since surrogacy would be necessary for this.

For its part, in the US, it is legal to gestate offspring with the semen of a deceased child. This was supported by the New York Supreme Court in May 2019 by allowing parents to use the sperm of their deceased son for procreation purposes, as reported at the time by the American press.

They were the parents of Peter Zhu, a cadet at the US Military Academy, who died from injuries sustained in a skiing accident. After his death, his parents filed a court petition to recover his son’s sperm in order to preserve his legacy and fulfill his desire to have children.

In response to the case that has sparked the debate in Spain, that of the presenter Ana Obregón, who has resorted to surrogacy to have a baby with genetic material from her deceased son, the lawyer specialized in surrogacy Ana Miramontes has explained to Europa Press that “there can be no doubt as to the legality” of the procedure.

“Legally she is the mother,” Miramontes has assured, who, in any case, has said she is unaware that it is a recurring practice in Spain, that of parents who resort to surrogacy to have a baby with their children’s sperm.

In any case, the lawyer considers that if there is a judicial resolution that declares that Ana Obregón is the mother of that girl, it is because a judge has determined that “she has complied with all legal requirements” such as medical documents or ratification of the wills of the parties. , among others.

In addition, it has pointed out that the son’s consent for the use of his post-mortem sperm must have been in writing. This could have happened through a holographic will, which is one written by hand and signed by the testator himself. If the testator hands it over to another person for safekeeping, the latter has the obligation to present it before a notary within ten days from the knowledge of the death.

Regarding the registration process of the newborn minor, Miramontes explained that the most common procedure is to go to the consular civil registry to complete the registration, which will be carried out “provided that the consul considers that all the requirements are met”. . Another option would be to travel to Spain and go to the general directorate of records and notaries to promote the registration of the girl.