Norms, discourses and representations about surrogacy in Spain
Surrogacy is the agreement of wills by virtue of which a woman accepts to carry in her womb a child at the request of another person or couple, with the commitment of giving it once born to them, and renouncing to the filiation that could correspond by the gestation. The pregnant woman may or may not provide her genetic material and fertilization is performed by assisted reproduction techniques. The distinctive, interesting and at the same time controversial element of this type of reproduction is its evident dissociative character between genetic material, gestation, childbirth and maternity. The potentiality of this kind of reproduction lays on the opening of new possibilities within family forms, as well as questioning maternity, not only in the biological but also in pregnancy. However, this potential is eclipsed by an international debate that confronts jurists, feminists and fathers and mothers associations by surrogacy. Countries such as Holland, United Kingdom, Mexico, some USA states or India have legalized this practice partially or totally. However it is forbidden in Spain, which force many families to hire agencies that operate in the international field facilitating surrogacy with pregnant women in countries where it is allowed. After the publication of an Instruction from the Directorate General of the National Registry and various judicial Judgments in favour and against the registration of these children, in 2014 has almost been regulated the recognition of Spanish opening a possibility in order for the filiation of these mothers and fathers who used this technique. This paper will address the discursive rationality of the main agents who exercise power relations in the political, legal and activist movements such as the feminist.
Silvina Monteros is Psychologist, Specialist in Criminology and PhD in Social Anthropology. For the past 15 years she has mainly focused on qualitative, social and ethnographical research. She is interested in the approaches that analyse the care/sex/affection continuum, which is the basis of various social dynamics, such as gender inequalities, sex work, migration and new forms of families.
Among the researches in which she has worked I shall emphasize: Infancy at risk in Spain, financed by the Spanish Red Cross (2016); The situation of migrant Lesbians, Gays, Bisexuals, Transgenders and Transgenders (LGBT) in Spain, funded by United Nations International Research and Training Institute for Advancement of Women (UN-INSTRAW) (2015); Political Dialogue for the Dignification of Home Employment in Spain, funded by UN-INSTRAW (2010); Socio-economic impact of a possible normalization of prostitution in Spain, financed by Tesorería de la Seguridad Social (FIPROS) (2006). Currently, she is part of the research team of MINECO / FEDER project: From birth control to demographic anxiety: communication, secrecy and anonymity in reproductive technologies of the 21st century (CSO2015-64551-C3-1-R) , coordinated by Diana Marre.
She is a member of AFIN research group of the Autonomous University of Barcelona since 2015; member of the Network of Latin American and Caribbean Women of Spain since 2010 (http://redlatinas.blogspot.com.es); member of the organization Studies and Cooperation for Development (ESCODE) since 1999 (http://escode.org), and member of the Independent Council of Childhood Protection (CIPI) since 2014 (http://www.cipinfancia.org)